Legal Question in Credit and Debt Law in Illinois

Small Claims Court

I was just served a summons because I am being sued in smallclaims court. The plaintiff is a debt collector for a credit card company. Is there any way to try and settle before going to court, or should I just show up?

Do I need to have an attorney?

Thanks for your advice.


Asked on 4/19/07, 7:33 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Small Claims Court

You can certainly try to settle with them before the hearing. BUT MAKE SURE YOU APPEAR IN COURT AT THE DATE AND TIME SPECIFIED. If you do not, a default judgment will be entered against you. You are not required to have an attorney, but be prepared for some fast talking collection agency representatives. Remember, no matter what they say, they represent the credit card company, not you. They are not there to help you. If an agreement is made, get it in writing, and make it part of the court order. I have heard of way too many situations where the collection agency representative "agreed" to monthly payments, but this was not made part of the order and the collection agency later did not follow the verbal agreement.

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Answered on 4/20/07, 10:05 am


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