Westervelt, Johnson, Nicoll & Keller, LLC

Initial Business Response /* (1000, 5, 2016/09/29) */
Thank you for the opportunity to respond to this complaint.
On June 6, 2013, a judgment was entered in favor of my client and against the Complainant in an action pending in McLean County. The judgment as entered was in the amount of...

$2,380.87, plus all costs incurred in the collection of the judgment.
Illinois law provides that all judgments bear interest at the rate of 9% per annum, until paid in full. 735 ILCS 5/12-109.
The Complainant made no payments on the judgment until a wage deduction proceeding was commenced in May, 2016. At that time, the amount due on the judgment was $3,252.68. This amount included the original judgment balance of $2,380.87, post-judgment costs of $228.68 and post-judgment interest of $643.13.
On June 9, 2016 a wage deduction order was entered by the Court. This order requires the Complainant's employer to pay over for the benefit of my client certain amounts deducted from the Complainant's pay pursuant to a statutory formula. To date, I have collected $1,931.31 in garnishment payments from the employer on behalf of my client, all of which has been applied to the judgment balance. As of this date the balance due on the judgment is $1,456.34.
On September 19, 2016, our office made contact with the Complainant to discuss her complaint. Our office has a record of a previous conversation with her on August 19, 2016, and voice mail messages from her on August 30 and September 14. The August 30 call was returned the same day, but because our notes did not reflect that she had given permission to leave a message at the number she provided, a message to her was not recorded.
In the September 19, 2016 conversation, the Complainant reiterated the conversation from her August 30 call. In both calls she stated her position and belief that she is obligated only to pay $2,380.87, the amount of the judgment as originally entered, and has no obligation to pay post-judgment costs or accrued interest.
The Complainant did not accept our explanation, in either conversation, that Illinois law permits a judgment creditor to collect post-judgment interest that accrues on a judgment balance as well as costs incurred in the collection of a judgment.
In the September 19, 2016 conversation, the Complainant requested that I contact the client to ask if the client would waive its right to recover post-judgment interest and costs. I contacted the client the next day. The client declined the request. I then called the Complainant. She did not answer the call, so I left a message for her to contact me and provided my direct phone line. To date, she has not returned the call.
Please contact me should you have any questions. Thank you again for the opportunity to respond to the complaint.