Legal Question in Civil Litigation in Illinois

Re: civil law

She does not appear to have many choices. She signed papers and agreed to take on obligations. She was 24 at the time and therefore assumed to have known what she was doing. Unless she signed the paperwork under any threats of sorts the contract will, in all likelihood, continue to be held valid.

She has to make arrangements to pay the obligation she now has. They won't go away. The loan company cannot call the sheriff to do anything. It is illegal for the loan company to make such threats--all they can do is to sue her and once a judgment is entered against her then move to collect in form of either ceizing any assets she may own or by means of wage deduction. She won't go to jail because she ows these people money.

SO don't let any creditor use any sort of scare tactic.

But the long and the short of is that she has to pay her obligation and hope to have learned a great lesson in this.

I hope this helps and good luck-

Nima Taradji

Re: civil law

I would have to concur with the previous two responses. Unless there was duress (which it sounds unlikely from the facts you have given), or something similar to that at the time she entered into the contract, it will be binding upon her.

As for the tickets, I would suggest, as the previous responder did, that she contact the local authorities, make a report, and hope to not have any additional tickets against the vehicle. Also, if she "owns" the car and does not know where it is, she might consider filing some sort of theft report. This would certainly help her as far as the tickets go, and if the vehicle is found, she may be able to get it back and sell it for some of the money that is owed (if, in fact, she is an "owner" of the vehicle). Good luck to you.

Re: civil law

It is possible that you can try to invalidate the agreement, but, as the other attorney wrote, it would be an uphill battle.

When a collection company says they will call the sheriff, all they mean is that she will be served a lawsuit (Sheriff's deputies often drop off the court documents).

You should file a report immediately with the police explaining what has happened so you can at least not be responsible for any more tickets. You should also make sure to talk to whatever creditors are out there to work out payment plans and avoid late fees.

You can probably file suit against the man in jail. I would be very surprised if he has any money, but if he ever gets a job there is a chance you could see some recovery.

Please feel free to give us a call if you want to talk. Good luck.