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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 01-30-2008, 09:17 PM
searchn4help searchn4help is offline
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Default Preparing For Court In Illinois
Oh, boy...I need some help please.

In a previous post I asked what I should do about a group of attorneys at law sending me two letters that arrived one mail date apart. In the first letter they were claiming their client had authorized for them to negotiate a settlement. I initially ripped it up thinking it was a scam. The next day I got the 2nd letter stating "As you know, a judgment was entered against you on September 19, 2007...... We are preparing a "Citation to Discover Assets." It is indicated in their letter that "summons will be served upon you by a process server".

I sent a letter stating that I received the two letters and that I was unaware of any such judgment as I have never been served to appear in any court. I stated that I was requesting:

validation of debt - releasing the name and address of original creditor
An itemized breakdown of the amount you claim is owed
Copies of the assignment as they indicated that this was a debt assigned to them
A copy of the original credit card agreement
Copy of the judgment indicating the court of said judgment

I sent this certified return receipt. I received my return receipt card showing the date of delivery as January 22, 2008. Oddly enough, today I discover a Citation to Discover Assets laying on the floor outside my apartment door. NO ENVELOPE!!! JUST SITTING IN OPEN SITE FOR ANYBODY TO READ.

Yesterday, my father-in-law died. At 12:02 in the morning we had a police officer knocking at that very door helping my husband's family to ensure that we were on our way to the hospital to be present before he passed away. That document was not there then.

My questions....
1) Have they violated proper service with either the said judgment against me in 2007 (which at least now I have the case number and court as it is listed on the Citation to Discover Assets) or the service of this Citation?

There is only myself and my husband living in this apartment.

2) I was married in August of 2007, before the date of this judgment that I didn't know existed. Are they required to have filed this judgment in my married name? I was married in the very courthouse this judgment was filed.

3) How can I find out if statute of limitations is up if I don't have any of the original credit card information?

4) Any suggestions for preparing for court?

Please, please help me. I am already so stressed with issues surrounding my father-in-law's passing.
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Old 01-31-2008, 08:06 AM
searchn4help searchn4help is offline
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Default Re: Preparing For Court In Illinois
Almost forgot to mention...There is correction tape on the forms that were left. The date was changed from "MAR 18 2008" (you can read it from the back side) to "02/13" 2008. Is it suspicious too that it was filed on the same date that my return receipt card indicates they received my letter requesting items??
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Old 01-31-2008, 10:32 AM
searchn4help searchn4help is offline
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Default Re: Preparing For Court In Illinois
Additional information....
I got copies of the file from the clerk. They served my ex-husband an alias summons for the court date that I received the judgment against me. It was served to my ex's residence (where I have not lived since before the dissolution of marriage on May of 2002) and they have his name listed with my last name (not his). Can this be taken as improper service?
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