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

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Old 08-24-2009, 06:09 PM
artcat20 artcat20 is offline
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Question Small Claims Court Summons Over Credit Card Debt
My question involves collection proceedings in the State of:
I live in Illinois, Dupage county.

HELP!

I have been given a court summons within one week- for a credit card debt of $ 1100 + court costs.

- It IS my debt- I will admit that. So I am assuming a judgement will occur and accept that. I am very willing to repay.
I have joined a debt settlement program - in order to make sure ALL my debtors are paid.

- My BIG concern is- last time I sat though a small claim court - the judge MADE each person -who admitted it was their debt- to make a payment agreement right there in front of the judge! Every one had to.
He did not care at all if- you were in any debt/consol programs.

- I am part of a debt settlement program and have a debt negotiator.
As of Oct -my payments are available to this creditor to settle debt.
And that is what I plan to do.

Question 1-
How do I AVOID having the judge force me to set up a court directed payment? (Does that NOT also override my rights to "excempt moneys and property)

Question 2-
I WANT my debt negotiator to continue to work with the debtor. I DON"T want to have to commit to a monthly payment while in court before a judge.
(which if I cannot pay one month- I can be held in contempt of court!)

Question 3-
How do I respectfully tell the judge I have hired a debt negotiator and
prefer to have them negotiate with this debtor- even with a judgement in place. And prefer NOT to commit to a monthly payment- right there in court? I want them to continue to work out an agreement.

Question 4-
If the judge REALLY is going to force me - -
as a last ditch resort- can I "ask for a "continuance" to contact & confer with a lawyer & get legal advice. And protect my rights."

Can I do that- or can only lawyers- ask for a continuance?

I really appreciate your advice and help!!!!

(This will be the 2nd time I've been to small claims court. The first time I had already reached a settlement with that creditor- so I was OK. I just wanted/needed to show up & make sure everything went alright)

Thanks so much
Artcat20
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Old 08-26-2009, 01:34 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Small Claims Court Summons Over Credit Card Debt
If you don't want to have the court dictate a repayment plan, settle your case with the plaintiff on mutually agreeable terms before you reach that point.
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Old 08-26-2009, 08:20 PM
artcat20 artcat20 is offline
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Default Re: Small Claims Court Summons Over Credit Card Debt
Quoting Mr. Knowitall
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If you don't want to have the court dictate a repayment plan, settle your case with the plaintiff on mutually agreeable terms before you reach that point.
Yeah!!!!!
Mr. Knowitall! I was so hoping you would respond to my query!

I've read through alot of other similar problems- and YOU always seem to have the most reasonable / level-headed responses. You really MUST be Mr. Knowitall!
You are a wise sage. I appreciate your advice and answering me!
Very thankfully,
artcat20
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