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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23329
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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A friend owes me a great deal of money, I live in Cook county

Resolved Question:

A friend owes me a great deal of money, I live in Cook county he lives in Kankakee county, how can I garnish his wages?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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How long has he owed you the money?
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Do you have proof of the debt?
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Have you taken any legal steps to collect yet?
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Thanks
Barrister
Customer: replied 1 year ago.

He has owed this to me for over a year.


Yes I have proof of the debt, and every month what he owes increases due to the bills, for storage and cell phone.


I haven't taken any legal steps as of yet. I just found out I should write a certified letter first and wait for his response.


Problem is I need this money now, I am relocating to Arkansas, and I have monthly expenses, that obviously he doesn't appear to care

Expert:  Barrister replied 1 year ago.
Ok, first you have to make a formal demand for payment. You can give him a week or a month or any time inbetween to make payment. You just have to make demand and then have him either ignore it or refuse to pay you in full. But before you can garnish, you have to sue and get a judgment against him.
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After that, then you would be able to immediately proceed to filing suit against him for failing to repay the debt. If the debt is $10K or under, you can sue in small claims court and don't need a lawyer. You can get the summons and complaint forms from the court clerk and complete and file them. Then you have them served on the defendant. At that point you gather your evidence and then appear in court on your hearing date to plead your case. Assuming you win and prove he owes you the debt, you will then get a judgment that you can use to get the court clerk to issue a wage garnishment order against his wages. They can garnish up to 25% of his wages until the judgment is paid.
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If the debt is over $10K, then you would have to get an attorney and sue in a higher court and it could literally take a year before you actually get to a trial if the defendant responds to your complaint.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23329
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Whom can I hire as an attorney? I live in Cook County, he lives in Kankakee county?

Expert:  Barrister replied 1 year ago.
It would be best to hire a civil litigation attorney in Kankakee Co. simply because you won't have to pay them travel time to go to court to pursue this. As far as recommending a specific attorney, JA won't allow experts to actually recommend one particular attorney.
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If you have all your evidence of the debt, this is a pretty simple case, so I would recommend shopping around to compare prices that a few attorneys would charge. This is a standard breach of contract case so all attorneys will go through the same steps to sue so a high priced attorney won't necessarily do a better job than an inexpensive one.
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Thanks.

Barrister

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