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

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Old 09-21-2009, 07:53 AM
AntLee AntLee is offline
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Default Attaching a Contract to the Complaint
My question involves collection proceedings in the State of: IL

I am being sued in CONTRACT court for a credit card debt that I do not believe to be mine. Found out about judgement while doing a credit check.

I have had this judgment vacated and dismissed twice due to improper/no service (quashed service) and have requested that this creditor provide me a copy of a signed contract.

The only attachements to the Complaint are an Affidavit of Debt and Verified Bill of Particulars and an Account Statement from a company that apparently bought this debt.

Right after the case is dismissed they issue another summons (which I never receive, even though they have my address) and this time proceeded to get a judgment and a wage garnishment is being deducted from my paycheck.

Do they have to prove it is my debt? or

Do I have to prove that it is not my debt?

Can I get case dismissed due to failure to produce the original contract?

Please Help!!
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Old 09-22-2009, 09:16 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Attaching a Contract to the Complaint
If you default, they will quite obviously proceed to try to collect the default judgment they obtain. How is it that they're repeatedly obtaining default judgments without serving you? When you say "this time [they] proceeded to get a judgment" do you mean it's another default, or did you defend yourself in court and lose?
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