Legal Question in Credit and Debt Law in Illinois
I am being sued by a credit company. I am currently enrolled in a credit couseling program. All of my creditors agreed to the program accept one. All though this one creditor did not accept the program, the attorneys representing the creditor have been recieving monthly payments from the credit counseling program.
My wife intercepted a wage deduction summons that is going to her payroll dept. What should be my next step of action. I ffel as if I havent had my day in court. WIll I be able to defend myself or is my payroll just going to be garnished?
2 Answers from Attorneys
Unless you want to go through a formal process like bankruptcy, creditors do not have to agree to any program. As to the wage deduction summons, it means a judgment was already entered and it just happens and if you didn't go to court to defend before the judgment was entered you may have lost the right to contest it now. You can still see a lawyer and see if there's a way to undo the judgment. Otherwise your choices are limited to letting in happen (and your employer can take an administrative fee for having to deal with it out of your salary), pay the judgment off, or see if the creditor will accept some other payment plan (but they are not required to).
You can try and vacacting the motion through a 1401 petition or 1203 motion if judgment entered within last 30 days, which I doubt it has, so most likely a 1401. These are a little more difficult to get dismissed as you need to show a meritorious defense, and due dilligence to the highest degree.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
