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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16627
Experience:  Experienced Licensed Attorney
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I have a pending payment this is due March 1st as part of a

Customer Question

I have a pending payment this is due March 1st as part of a civil suit settlement in Illinois (it's one of 84 structured monthly payments; I have paid 12 so far). I don't have the funds to make a payment. Plantiff has indicated that they will give me notice of default and file for a default judgment on March 2. If I pay within 30 days of March 1, will the court allow me to get back on the agreed upon monthly payment plan? In other words, is a grace period available/implied (it's not mentioned in our settlement agreement). I'm concerned that the plantiff will start to garnish wages.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Generally, there is no implied grace period, unless specifically stated in the settlement agreement and the creditor can in fact give notice of default and obtain default judgment, even if the debtor attempts to make a payment as soon as a day after the monthly due date, the creditor can refuse the payment and obtain a default judgment.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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