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LVNV FUNDING, LLC v. TRICE

No. 1-09-2773.

952 N.E.2d 1232 (2011)

352 Ill. Dec. 6

LVNV FUNDING, LLC, Plaintiff-Appellee, v. Matthew TRICE, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

June 30, 2011.

Attorney(s) appearing for the Case

Woerthwein & Miller, Chicago ( Theodore A. Woerthwein , John Miller , of counsel); Krislov and Associates, Chicago ( Clinton A. Krislov , Mike R. Karnuth , Eve-Lynn J. Rapp , of counsel), for appellant.

Barhorst & Associates, P.C., Chicago ( Stacie E. Barhorst , of counsel); Hinshaw & Culbertson, L.L.P., Chicago ( Stephen R. Swofford , David M. Schultz , of counsel), for appellee.

OPINION

Justice NEVILLE delivered the opinion of the court, with judgment.

¶ 1 When an unregistered collection agency obtains a judgment against a debtor, does the lack of a license make the judgment void, or merely voidable? The trial court here said it made the judgment merely voidable, so that the debtor's failure to raise the issue before entry of the final judgment left him with no recourse. We disagree...

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