a few months back i postd a question about a civil demnd letters in illinois. A lawyer answered that nothing would happen if ignored the letters from the stores lawyers. I ignored all their letters. I now got postcard from circuit court clerk thta defauklt judgement enetered against me. I checked with the clerk who syas judgment is for $3,250 to the same store. How can this be? the AVVO lawyer siad point blank nothing would happen! Can i go after the AVVO lawyer for the amount of the judgment againt me cuz he said point blank "nothing would happend"? i cannot pay this judgement and don't know my options. Please help!Also the theft charge got thrown out cuz the store didn't show. doesnt that help?
The answer to your current question is "no".
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1. Mr. Boykin is exactly correct.
2. I'm sure you were NOT told nothing would happen. I'm sure you were told nothing would happen as a result of ignoring the civil demand letter. It is sound advice to make the store prove their losses.
3. I'm also sure nobody on AVVO told you to ignore a Summons which you must have done or you would not have a default judgment entered against you. A default is only entered when you don't bother to show up.
4. If you did NOT receive proper Notice of the trial where you were defaulted, you can file a Motion to Vacate the Default Judgment. You should consult an attorney if this is the case.
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: [email protected] http://www.themargolisfirm.com
A letter is a letter and a lawsuit is a totally different matter. A demand letter does not create a legal obligation. If a lawsuit is properly served that is a totally different matter. Even then, different states have different rules on whether penalties are permitted, e.g. hundreds of dollars for the theft of an item valued at a few dollars.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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