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Question
How do I collect money from a professional person who will not pay their debt (approx. $4000)? I've heard of using the 'theft of professional services' route but am not sure how to go about this. I've gone to small claims court in the past and always won the judgement but that's as far as it gets. With no way to access their bank account it's comes down to collection agencies and they want too large of a cut. Thank you.
Submitted: 265 days and 8 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information
Lockport, Illinois
Already Tried:
calling, sending late notices by mail.
Accepted Answer
As a judgment creditor, XXXX, you have some broad rights to look into the judgment debtor's finances. You get to demand and get copies of all current bank account records, either from the debtor or directly from the bank by subpoena.
If by "theft of professional services" route you mean getting a criminal case started, and then seeking restitution, please be aware that prosecutorial discretion means most government attorneys won't bother with cases like that with a civil court remedy available, because they aren't even keeping up with the garden variety embezzlement and fraud cases.
It might be a good idea to make sure your fee agreements allow not only "costs and attorney's fees" of pursuing a lawsuit, but also "collection fees" and professional expenses, all in language that Illinois recognizes as authorizing the collection agency's fees as an add-on to the principal amount owed. Make the deadbeat customer pay the collection agency, rather than your business.
Court still gives you the strongest remedy. Become familiar with the Illinois exemption statutes so you will know what's off-limits for enforcing a judgment, and what you can have the sheriff seize and sell.
Hope this helps.
BAB.
Please do not forget to click the green "Accept" button so I can receive credit for my efforts.
Thank you.
Expert:
Brent Blanchard
Pos. Feedback:
100.0 %
Accepts:
Answered:
3/3/2009
Attorney
8 years of experience in estate planning and probate, bankruptcy, and business law.
265 days and 7 hours ago.
Reply
Thank you very much. Do I need to have a court judgement to get a subpeona? Do I need to hire an attorney for that? Do I need to wait more than 60 days to go to court in Illinois? The last time I contacted this person they actually pretended not to be themselves on the phone! She has no intention of paying and I now know from speaking with professional colleagues she has done this to other businesses in my industry. It has now become ridiculous. We delivered our product which she has charged her client for, but thinks she can take advantage of us by not paying.
Posted by
Brent Blanchard
265 days and 6 hours ago.
Answer
"Do I need to have a court judgement to get a subpeona?"
No. Just having a case filed and active is enough.
"Do I need to hire an attorney for that?"
No, but you DO need to strictly follow the applicable court rules, including how the document is formatted on the papers. Look for a "self-help" or "pro per" information page on the court's website.
"Do I need to wait more than 60 days to go to court in Illinois?"
Only if your agreement with the professional requires that waiting period between breach of contract and filing suit. Sixty days is just a convenient accounting threshold to categorize how stale accounts have become.
You may have further rights under the Uniform Commercial Code as enacted in Illinois, if the product is "movable goods".
Thanks!
BAB.
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