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  1. #1
    Join Date
    Oct 2007
    Posts
    3

    Default Collections Lawsuit Default in Illinois

    Hello Ladies and Gents, I am new here.

    I have an issue I'd like to discuss and hopefully get some better
    insight to better handle this scenario. I have a CC account from
    RNB Target that was charged off in 11/1999 and sold to a collection
    agency (maybe 2nd or 3rd) in Feb 2002. My understanding of the
    law was that any open account has a 5 year statute of limitations
    in IL, which would make this account have expired either in 11/2004
    or 02/2007 depending on which date applies here....not sure really.
    I've asked this collection agency to provide me with SOME kind of
    proof that this is my account, to which, they have NEVER done.
    So I told them to go scratch.

    Well 2 weeks ago I received a court summons from a Law Enforcement
    Officer at my door. It stated that my court date was in 5 days and I
    needed to pay $125 to "File my appearance" and defend myself.

    I've never heard of such a thing where I have to actually PAY the court
    to come appear and defend myself on a lawsuit. So since I was unable
    to come up with the funds on such short notice, I had to forgo my
    appearance and I just received a notice that they were granted their
    judgement for $1059. I was told by a BK lawyer friend of ours that I can
    go back to the courthouse and file a "Motion to Vacate" and have the
    case reheard.

    Anyone know what my best course of action would be here???
    Can they come after me still for this??? What's my best defense here??

  2. #2
    Join Date
    Sep 2007
    Posts
    110

    Default Re: Collections Lawsuit Default in Illinois

    What was it Small Claims or was it in regular civil court? You will have to read your rules of procedure for the Court and see if they served you properly.

  3. #3
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Collections Lawsuit Default in Illinois

    Quote Quoting Madmanmike1972
    View Post
    What was it Small Claims or was it in regular civil court? You will have to read your rules of procedure for the Court and see if they served you properly.
    It was in Civil court as far as I can tell.
    How do you know the difference ??? I have no idea honeslty.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Collections Lawsuit Default in Illinois

    It's presumably Circuit Court. Illinois apparently requires all parties to pay an appearance fee. It is probably possible to petition the court to waive the fee if you cannot afford to pay it - you should ask at the courthouse.

    Your friend is correct that if you wish to avoid paying the default judgment and present a defense to the case, you need to bring a motion to set aside the default. Perhaps your lawyer friend can provide an example motion you can use as a model.

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