Served Summons In Michigan For Case In Illinois

[cgravell]

My question involves judgment recovery in the State of: Michigan/Illinois

My fiancee had an agreed Judgement entered in the amount of 3,750,000 back in October in Illinois due to a negligent vehicular incident which resulted in death of a pedestrian.

We have just been served with a Citation to Discover Assets and to appear in court in Illinois on June 2.

Question: We now reside in Michigan. He has no valid drivers license, no vehicle and no money to physically attend this court date.

If they enter a default judgment against him, it's something that we know he owes anyway.

We have no tangible assets, no bank accounts, no monies, no work monies that can be garnished.

However, it also states that he may be found in Contempt of Court and arrested if he does not appear.

Can we comply with all the documentation requested to the Plaintiff's attorney and not show up for the Court date? Send a Courtesy Copy to the Judge in the case.

Can I file a Motion for continuance and ask also to be allowed for him to be interviewed by phone? due to the hardship of physically not being able to attend this hearing two states away?

Help!

[LawResearcherMissy]

Can we comply with all the documentation requested to the Plaintiff's attorney and not show up for the Court date? Send a Courtesy Copy to the Judge in the case.

He can contact the Plaintiff's attorney and ask. I suspect the answer will be No, but it never hurts to ask.

Can I file a Motion for continuance and ask also to be allowed for him to be interviewed by phone? due to the hardship of physically not being able to attend this hearing two states away?

He can try. You cannot. You have no legal standing to do anything here, unless you are his attorney.

I would suggest he contact Legal Aid in your area, and that right quickly. If he is so badly off financially that he can't even afford a bus ticket to attend his court date, they will be able to help him.

[cyjeff]

Courts are also notoriously uncaring to the plight of people that move away from the jurisdiction and then claim they can't afford to attend court.

In other words, it is not the court's problem how you attend court... just that you do.