Auto Contract Breach Liability

Summary

In Illinois, if a dealership breaches an auto contract before selling it to a lender, the dealership is generally responsible for the breach. If you have won a default judgment and need to collect, you can consider using bank garnishment. This involves obtaining a garnishment order from the court, serving it to the bank, and having the bank freeze and transfer the debtors funds to you. For e-filing in St. Clair County, Illinois, visit their official court website to register, upload forms, and pay fees online.

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in illinois
Got it! If you're dealing with this issue in Illinois, the dealership would generally be responsible for any breaches of the contract that occurred before it was sold to the lender.
Have you contacted the dealership regarding the breach?
yes. but i also notified the lender ,owner of contract,and they did nothing to een investigate
It sounds like a frustrating situation. Generally, the dealership is responsible for breaches that occurred before they sold the contract to the lender. Since you’ve already contacted both parties with no resolution, you might consider escalating the issue.
Would you like to be connected to local lawyers who can better assist with your case?
i went to small claims ct and won default judgement 30 days ago and still not paid. I do have the bankiing info but not sure how to collect in illinois
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You can consider using a bank garnishment to collect on your judgment. Here’s a general outline:
- Obtain a garnishment order from the court.
- Serve the garnishment order to the bank where the debtor has accounts.
- The bank will freeze the debtor’s funds and eventually transfer them to you.
Would you like additional information on how to proceed with a garnishment?
sure and the bank is Signature bank in Chicago il .I live in Missouri
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You can follow these steps for bank garnishment:
- File a garnishment order with the court that issued the judgment.
- Serve the garnishment order on Signature Bank in Chicago, IL.
- The bank will freeze the debtor’s accounts and transfer funds to you.
Would you like any additional information?
how can i get this done without having to go back to courtCan this be filed online
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To garnish a bank account, you typically need to obtain a garnishment order from the court. In most cases, you would have to go back to the court to file this order. However, you can check with the court that issued your judgment to see if they offer online filing options for garnishment orders.
Do you have any specific questions about the garnishment process?
what forms do i fill out
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To begin the garnishment process, you will generally need to fill out the following forms:
- Application for Garnishment: This form requests the court to issue a garnishment order.
- Garnishment Order: This is the actual order that will be served to the bank.
- Notice of Garnishment: This form informs the debtor of the garnishment.
These forms can usually be obtained from the court that issued your judgment. Have you checked with the court for specific forms and their online availability?
i have to efile them and dont know how
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You can usually find e-filing instructions on the court's website. Here are general steps:
- Create an account on the court's e-filing system.
- Upload your completed forms (Application for Garnishment, Garnishment Order, Notice of Garnishment).
- Pay any required filing fees online.
Would you like specific instructions for the court you’re dealing with?
st clair co court house efile in illinois
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You can find specific e-filing instructions for St. Clair County, Illinois, on their official court website. Here's a general outline:
- Visit the St. Clair County Court's e-filing portal.
- Register for an account.
- Upload your completed garnishment forms.
- Pay any required filing fees online.
Would you like the website link for St. Clair County Court's e-filing system?
yes
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Here is the website link for the St. Clair County Court's e-filing system: [St. Clair County Court E-filing](https://www.circuitclerk.co.st-clair.il.us/)
Would you like any additional information or assistance?