Do You Get a Stay Of Collections If You Appeal

[NickolasB]

My question involves collection proceedings in the State of: Illinois.

Hello and a huge thank you in advance.

I live in Illinois. I had Capital One serve me with a summons and went to court two months ago. From there I showed the judge I was not aware of the charges on the account and wanted a trial date. The judge and plaintiff agreed as it gives the Plaintiff time to get proof of documents that shows how the amount I owe got to where it is at.

When I requested trial, I did not deny using the card, because I did... but rather contesting the charges. I know there are late fees, interest and such... however, looking at my records, it should be 525 due, not 1800.

*******Now, To the real issue in hand, My trial date is next week. If I was to lose the trial... I am allowed to appeal. Does this appeal temporary stop any garnishments and such until the next court date? I was told yes by several and no by a few.

*******Also, I own a home outright and am afraid if they get a judgement they will get a lien and then foreclose. How long from when they enforce the lien for forclosure until I am tossed out will it take? I want to prepare for the worst and start moving out now but I have nowhere to go. I defaulted on this card due to a layoff that took two years to find a job and due to my credit I can;t even get a equity line of credit to pay off the potential judgement.

Alot to say but this sums it up.

Thank You

Nick

[Mr. Knowitall]

If I was to lose the trial... I am allowed to appeal. Does this appeal temporary stop any garnishments and such until the next court date? I was told yes by several and no by a few.

By a few... village idiots?

Per Rule 305(a), for a money judgment, if you file both a notice of appeal and an appeal bond, you get a stay. That rule, and a lot more details, can be found in Rule 305, which you will want to read. A potential wrinkle - appeal bonds can be expensive.

Also, I own a home outright and am afraid if they get a judgement they will get a lien and then foreclose. How long from when they enforce the lien for forclosure until I am tossed out will it take?

My crystal ball is out of order.