Legal Question in Credit and Debt Law in Illinois

Pre-Trial Settlement

I received a summons to appear in court by a third party collection agency. I do not want to go to trial for this matter, nor do I want to retain an attorney and incur higher costs. Instead, I would like to settle this debt ASAP. I am under the impression that I still must file the written appearance (which I am not sure what this entails). In the interim between when I file my written appearance and have a trial date set, may I contact the Plaintiff's attorney to offer a settlement of the debt? What should I request in terms of proper authentication that the debt is settled and no longer subject to collection? Also, how do I insure that this settlement absolves me of further collection by the original creditor?

Thanks.


Asked on 1/06/05, 6:37 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Pre-Trial Settlement

You may not have to file an appearance. The first thing you should do is to contact the attorney and tell him that you want to enter into an agreed order. He will draft an order saying that you are going to pay the debt before a certain date. He will then present the court order to the judge who will sign it and the attorney will send you a copy of the signed order. As long as you pay the debt pursuant to the terms you agreed on in the order then there will be no further legal action.

Once you pay the debt then you should request a letter from the original creditor saying the debt has been paid. Keep the letter, the agreed order and the canceled check together in a safe place in case you need to prove payment at a later date.

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Answered on 1/07/05, 8:52 pm


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