Legal Question in Credit and Debt Law in Illinois

I live in Illinois and received small claims summons on April 15. I live in Illinois and Blitt & Gaines is listed as the plaintiff and this is for a Capital One credit card of mine. I'm not disputing the amount owed (around $4k). I lost my job in the last year and used all my savings during my time of being unemployed. The summons says I'm supposed to appear in court on May 12. The documents include what appears to be my county's court form telling me my court date, case # and who the plaintiff is, Complaint, Atty Request Aff from Client, Request for Military Status, and a Capital One Statement. Looks like a form that Capital One or Blitt & Gaines filed with my county that explains their case. Another page is an affidavit from Capital One explaining the amount of money I owe. The last page is a copy of a Capital One statement dated June 2009. I am not in the financial position to hire a lawyer, I was hoping someone could offer some advice on what I should do or what to expect? Thanks in advance for all your help.


Asked on 4/16/10, 12:42 pm

1 Answer from Attorneys
John Lee John D. Lee and Associates, LLC

As general comments, if you do go to court, would you ask the attorney for Capital One to produce an original credit card agreement and not a copy? In some cases, a creditor such as a bank will not be able to proceed with its collection case if a Defendant files a Motion to Dismiss with the Court clerk based on failure to produce an original agreement on demand.

These comments are not intended to serve as legal advice, and no attorney client relationship or privilege is created or claimed.

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Answered on 4/21/10, 12:57 pm


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