Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Question: I was served papers to go to court to say why the creditor should not revive an old judgment. I had paid the judgment to another lawyer that previously represented the creditor. What should I do.
Answer: File a written objection stating that you paid the judgment. Attach proof of payment if you can. Request in writing an accounting of all credits and debits on the judgment, which you have an absolute right to under Illinois law. Appear in court on the date in question and explain that you believe the judgment has been paid.
A large Chicago collection firm, Friedman & Wexler, went out of business several years ago after creditor-clients alleged that the firm failed to turn over funds that had been collected from consumers. The lawyers were charged with misconduct by the Attorney Registration & Disciplinary Commission and surrendered their licenses. It does not appear that they accounted for all funds received to creditors. You are nevertheless entitled to credit for funds paid to them. If the case was previously handled by Friedman & Wexler, the creditor may have a very hard time showing anything is still owed.
Attempting to collect a debt that is not owed is a violation of the Fair Debt Collection Practices Act.