Lappin v. Gerard

No. 3-94-0388 (Ill. App. Ct. May 31, 1995) ; Clearinghouse Number: 50759

Description

Judgment Debt Agreed to by Debtor Before Learning That His Income Is Exempt from Attachment Is Vacated

Abstract

The Illinois Appellate Court has held that because defendant debtor’s income is exempt from attachment he cannot be required to make payments toward a judgment owed to plaintiff creditor. Plaintiff had filed a complaint against defendant for forcible entry and detainer and past-due rent. The parties, appearing pro se, stipulated to a judgment granting plaintiff possession, $1,200, and costs. Defendant was ordered to pay $100 per month toward the judgment. Defendant did not make the payments, and a rule to show cause was entered against him. Defendant secured counsel and filed a motion to vacate the earlier order and to quash the rule to show cause. Defendant asserted that his only income came from social security and veterans benefits, which under state law are exempt from judgment and attachment for rent. The court denied these motions, found the agreed order to be enforceable, and found defendant in civil contempt and ordered him to pay $150 in attorney fees. Defendant appealed. The appellate court held that although plaintiff’s money judgment is valid, the order requiring defendant to pay $100 per month is not because defendant’s income is exempt from attachment. In addition, the court reversed the order of contempt because the underlying order on which it was based was invalid.

Additional Information

Attorney Information
Defendant-Appellant represented by Stephanie Barrick, Prairie State Legal Services, 630 9th St., #4, P.O. Box 4863, Rock Island, IL 61204-4863, (309) 794-1328.
Docket Date
1995-05-31 00:00:00+00:00