As a Chicago and Illinois collections lawyer, I can tell you that one of the most common questions I get is “I have a judgment against one of my customers. How do I get my money?”
If your business has a problem with collections, or you sued someone and won a judgement but are having a difficult time collecting, You can contact me, Chicago collections lawyer Rhonda Stuart. Below I cover the major aspects of collecting on a judgment.
Winning a judgment is only the first step
As many small business owners find, getting a judgment is relatively easy. Many defendants fail to appear and a judgment is entered by default. However obtaining the judgment is just the first step in the Illinois collection process.
Recording a judgment
After the judgment is obtained it should be recorded. A judgment can be recorded against the person or business or against property owned by the person or business. Deciding how to record depends on a number of factors that should be discussed with counsel.
Where’s the money? Use a citation to discover assets
Once the judgment is recorded, the next step is to figure out where the defendant keeps his assets. Counsel will begin the citation to discover assets process. The defendant is served with a citation asking him to come to court to testify under oath as to his assets and liabilities. If the defendant does not appear, a body attachment can be issued compelling him to come to court. While these steps may sound easy, to the business owner it can be time consuming to try to go it alone.
Attaching assets of the debtor
When the citation examination is complete, the creditor still does not have a payment in hand. It must then determine how to attach the assets of the debtor.
While many business owners try to save money by attempting to collect their own debts, an experienced collections attorney can navigate through the process more quickly and either get your money or give you the guidance to decide whether the debt is best written off.
Hiring an Illinois collections attorney
If you have a collections issues, you can contact me, Chicago collections lawyer Rhonda Stuart. Though I work primarily in Northern Illinois, including Chicago, Cook County, Lake County, DuPage County, Kane County, and Will County, I have a network of lawyers across Illinois that can help you with your collections problem.