Legal Question in Credit and Debt Law in Illinois

''prove up damages over the counter''

Hi! I have an unpaid credit card bill that was sent to collections. I wrote the agency in Mar '06 rqsting to make pymnt arrangements. I didn't get a reply. Unfortunately, I didn't send my letter certified mail. In April '07 I received a summons as a judgment was going to be filed. I appeared in court w/my atty in May '07. The plaintiff's atty didn't show up. The case was continued 30 days. My atty went to court again, but the plaintiff's atty didn't show up. During this 30 days, my atty also wrote 2 letters to the plaintiff's lawyers to work on settling the case out of court, but he received no reply. In Aug '07, I received an e-mail from my credit monitoring svc that a change had been posted - it was a judgment! I contacted my atty who did some investigating. He advsd me that prior to his involvement in the case, a judge signed a leave allowing the creditor to prove up damages over the counter. He also advsd me to work w/ the creditor's atty directly to settle the debt. ?'s: What was the point of the summons if I didn't get my chance in court? How do I get the judgment removed? Is this over the counter ''thing'' normal? Now what? Any insight is greatly appreciated. Thanks!


Asked on 9/04/07, 12:59 pm

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

Re: ''prove up damages over the counter''

If you appeared on the summons return date, I do not see how it is possible for a judgment to be entered without you being present. I have done numerous collections actions in Illinois, and I have never obtained a judgment earlier than the summons return date.

It does make me question, was the summons date within 30 days of when you were served? Technically if you do not appear or respond within 30 days of being served, they can obtain a judgment by default. However, considering that you hired a lawyer, I would guess you had a judgment on file.

I would recommend going to the courthouse and looking at the court file yourself. If you were at court an the Plaintiff was not, it seems strange that the case would be continued rather than dismissed (as is typically what happens). I would recommend contacting another local lawyer about possibly vacating the judgment.

Read more
Answered on 9/04/07, 5:20 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Illinois