Question: Can my old van be taken if I can’t pay an unsecured credit card debt? Answer:  There is an exemption of $2400 for a motor vehicle (735 ILCS 5/12-1001).… Read More

Question: Is it true that I don’t have to pay my mother’s unpaid medical debt since all her assets are in a family trust? Answer:  You have no liability to pay a parent’s medical bills, regardless of what was done with her assets, unless you sign a writing undertaking to pay them.  Whether the trust… Read More

Question: If I owe a loan, and have not paid it, can a warrant be issued for my arrest? Answer:   No.  The only time a warrant can be issued in connection with a civil case is if a court orders you to appear, after judgment, and answer questions about your income and assets, and you… Read More

Question: My spouse had a collection agency sue her for a bad debt. I was not named in the suit and had no legal ties to the debt. The agency attempted to gain information about my employment, income, debts, etc. so they could use my information for garnishment purposes.  Can I do anything? Answer:  Depending… Read More

Question: Can I be charged with check fraud?    A collection agency keeps harassing me on a payday loan debt. They keep changing the payoff amount and they won’t send me paper work in writing for my records so I quit paying them until I get proof that they are who they say they are. Now… Read More

Question: If your car has been repossessed and you offer to bring the loan current, can the lender force you to pay in full or reapply for the loan?   Answer:    Under Illinois law, if your car is repossessed, has not been previously repossessed, and you have paid 30% of the total of payments… Read More

Question: : I am being sued for my mother’s nursing home charges for $30,000.00+. According to their records, I signed a contract stating I was responsible for her debt. Answer:  An attorney experienced in this area needs to review the contract and the law.  There are federal restrictions on nursing homes insisting on guarantees of… Read More

Question:  I had an old bank account from 2006. It was charged off. Sept 2006. I reopened an account and now they have depleted all of my funds with out notifying me. Can they do that? Answer:  Yes, a bank has a right of setoff that entitles them to do that, unless the debt is a… Read More

Question:  I purchased a car and traded in my old car and put money down.  I signed a contact and got the keys.  Three weeks later I received a letter from the dealer stating that I was not approved and was asked to sign a new contract on different terms. Answer:  Confirm with the financing… Read More

Question: How can I get a collector to stop calling me at work? Answer: You have the right to direct a debt collector not to call you at work.  You also have the right to direct a debt collector not to contact you at all.  The latter right must be exercised in writing; the former… Read More