Legal Question in Credit and Debt Law in Illinois

What is the procedure in Illinois court that I need to complete in order to prove that I am collection proof?

Synopsis:

I was sued by a creditor back in early 2008, but never received a summons (the docket says it was returned). In the meantime I was making monthly payments to the creditor via their attorney, who acted as the collection agent. A year later in early 2009 I received and alias summons regarding this debt. After a number or appearances in court, the case was dismissed without prejudice in December 2009, based on an installment agreement. I begin to make payments as agreed, and was able to make several consecutive payments.

However, after a few payments, I could not continue. After playing phone tag with the creditor's attorney upon my initial default, I did not receive any more communication, nor did I make any subsequent ones.

Fast forward to August 2010: I sent a payment, with the intent of paying whenever I could toward my debt. I am still collection proof, with no income, but I simply thought I should make whatever payment I could, even if it was months in between. I recently checked the online docket and found that a motion has been entered by the creditor's attorney's to appear in court in November. The motion has been spindled; I have not received any formal documentation as of yet. I have no idea as to what it is for, but the motion was entered a couple of weeks after I made this payment.

MY QUESTION: What do I need to do to prove that I am collection proof at this time? And is this what I need to do at this point?

I have actually been collection proof for the last 2 years. I am not employed, nor am I receiving any government benefits.

I have no financial or real estate assets, and certainly no other assets totaling $4000. My automobile is valued at less than $1100, and I have no garnishable bank accounts. Family members are currently paying my basic bills (rent, groceries, utilities).


Asked on 10/01/10, 3:54 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

You need to present a copy of your correct and complete financial statement to the judge along with a motion to appeal the judgment. You should include any proof of improper service and notice in the appeal.

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Answered on 10/06/10, 5:22 pm


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