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Attempt to Collect Excessive Amount on Judgment

Question: What do I do if I have recently paid a judgment filed against me but the creditor is still harassing me for more money? I recently paid a judgment off against me for rental properties. The company that filed the judgment still wants me to pay more money and won’t satisfy the debt on my credit report. I have contacted the credit agencies but had no luck. How do I go about trying to get this issue resolved?

Answer: In Illinois, a judgment debtor (you) owes the amount of the judgment (including any court costs) plus statutory interest (9% simple interest in Illinois). Not a penny more. If the creditor or collection agency is reporting more on your credit report, send a certified letter to each of the three credit bureaus identifying the “tradeline,” enclosing a copy of the judgment and payment, and requesting that the “tradeline” show “paid in full.” The credit bureaus are supposed to contact the furnisher of information to investigate. If the creditor or collection agency responds to the credit bureaus that you owe more than the judgment plus statutory interest, and the credit bureaus do not delete the item, both the furnisher and the credit bureaus are violating the Fair Credit Reporting Act. Sue.

A collection agency or other debt collector that demands payment of an excessive amount on a judgment violates the Fair Debt Collection Practices Act. You can recover statutory damages and have your attorney paid by a fee award against the debt collector.

Finally, in Illinois a judgment debtor (you) is entitled to file a motion with the court attaching proof of payment and requesting that the judgment be vacated as fully satisfied and the case dismissed. After that, the credit bureaus can no longer report an outstanding judgment. Follow the same procedure as set forth above to secure deletion.

We would undertake to represent a person in this situation without charge, for the statutory fees available from the defendant.

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