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  1. #1
    Join Date
    Aug 2009
    Posts
    5

    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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    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.

  3. #3
    Join Date
    Aug 2009
    Posts
    5

    Default Re: Small Claims Court Summons Over Credit Card Debt

    Quote Quoting Mr. Knowitall
    View Post
    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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