Legal Question in Credit and Debt Law in Illinois

citation to discover assets

i have a bank credit card that i am behind on then 1 day i went to my bank and found out that the account was frozen then i went to the court house to get a copy of the complaint and it mentions that a summons was served personal service i have proof that i was not home at the time they say it was served and no one else was home can i still fight this summons served? so i missed the court date and then they got a judgement against me then i recived a summons in the mail for citation to discover assets i went to that court date i checked in with the clerk and was told to take a seat not 2 minutes later the clerk calls my name and he says it has been dismiss and my bank account will be unfrozen and go home what does this all mean and what is the next step that they can take? the judge was not on the bench yet so i never got to see him.


Asked on 7/12/07, 11:42 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: citation to discover assets

I am confused. Is the credit card the debt that has a judgment against you, or is it a different debt? In any event, it may be possible to dispute service, you do not say how long it has been since the judgment was entered, so it is difficult to say how likely you are to succeed with contesting it. As for the third party citation to discover assets, usually you do not need to appear for those as either the creditor has the funds in it turned over or they dismiss it if there is no account or no funds in the account. That is unless you plan to pay the creditor that day. I imagine it was dismissed because there were no funds in the account.

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Answered on 7/12/07, 3:14 pm


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