Legal Question in Credit and Debt Law in Illinois

I am being sued for overdraft fees and balance by my bank. After several attempts to contact the lawyer, who was never in and would not return phone calls or emails, I went directly to the bank as a last ditch effort. I paid the money that I owed them, but they told me I still have to pay their attorney and court costs, and worst of all, still have to go to court. So basically I'm paying a lawyer for being at court, for the sole reason of being there to get paid to be there. The money owed to the bank for my bad account has been paid, yet, I am being forced to pay a lawyer to take me to court over it. Can they do this?


Asked on 1/17/12, 9:45 am

1 Answer from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

Thank you for your question. In short, as there was pending litigation, they should not have accepted the funds from you. Moreover, the act of them doing so could be interpreted as a settlement of the full amount. My strategy for you would be first seek the return of the money (by way of the threat of counterclaim) and then offer them a lower number in settlement of the balance, fees and attorney costs. Please let me know if I can answer your question further: [email protected]

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Answered on 1/18/12, 4:36 pm


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