Legal Question in Civil Litigation in Illinois

citation to discover assets to a third party
i would like to know if a bill collector can freeze my bank account because i forgot to send them a payment for 2 months in a very small amount which i offered to pay on the spot but they refused,they won a judgement against but never once did they send me monthly invoices nor call me to remind me, i went into my retirement fund to catch up on my mortgage and before i could send the check they froze my account now i'm even further behind and i wanted to know can they do this and what kind of rights do i have? the cc company didn't do this the collecton agencey did please let me know my options if i have any thank you.

Asked on 5/12/09, 5:57 pm

2 Answers from Attorneys

Nima Taradji Taradji Law Offices

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Re: citation to discover assets to a third party

The process is as follows:

First a judgment is obtained. During that stage a defendant has the right and opportunity to object to the amount of the bill and defend himself. Once judgment is entered and is not vacated within the time allowed then the judgment is enforceable.

To enforce a judgment, a court order may be obtained to claim the content of a bank account. In that stage of the game, there is not much a person can do since judgment has been entered and is being enforced--unless, a Motion is made to the Court and argument is presented to the Court that the action has been inappropriate--Good cause must be shown in order for the Court to put a stop to it all.

I hope this helps-

Answered on 5/12/09, 8:05 pm

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