In January 21, 2014, LVNV Funding LLC put a judgement against me. The judgement was never paid due to lack work and finances. The reporting Agencies removed the Judgement from my credit report in 2017 because of bad practices of the collection agency and the way they filed the judgement. on December 6, 2019 I received a wage Deduction Summon in the mail telling me to appear in court on the same date I received the summon. They proceed and submitted the paper to my job for a wage garnishment. The amount of the original debt is $3,657.11 and they have added on a 9% interest pursuant to statute with comes to $1,902.59 plus $86.80 filling fee. Can they still pursue me for the debt after the judgement was taken off my credit report? Please advise on what legal action I can take against them if they are in the wrong. Thank You, Palistean Nash
A bad debt remains on your credit report for seven years. An Illinois judgment can be enforced for 20 to 27 years.
In addition to what Mr. Edelman answered, judgment creditors amounts incur interest of 9% per annum. In addition, there are charges every time they renew the garnishments. Also, they can garnish bank accounts. And also there is likely judgment lien has been filed.
If this debt is the "tip of the iceberg" you might consider filing bankruptcy.
Most Chicagoland lawyers offer free initial consultations.
Yes they can charge interest on the Judgement, and they do! Yes they can pursue you on the Debt even though it disappeared from your credit report. It's best if you consult with a Bankruptcy Attorney to see if Bankruptcy is right for you, because a Bankruptcy stops wage garnishments. See my guide to deciding which type of Bankruptcy Relief you might qualify for: https://www.avvo.com/legal-guides/ugc/chapter-7-vs-chapter-13-bankruptcy-which-is-best-for-you-
Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.
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