Legal Question in Credit and Debt Law in Illinois
I have been sued by a credit card company because I cannot pay my debt. I received a summons last fall with a court date of 11-10-2009 at 8:30am. I appeared on time and waited while all the other cases were called, but my name never came up, I wasn't on that list. The attorney for the credit card company said he would get me on the next "call" after lunch. Then, a little later he said it was OK for me to leave, he would get it re-scheduled and let me know when. He never did. Now I have received a "Citation Notice" from the court to discover assets which names me as "Judgement Debtor". I never had my day in court. Can this suit be dismissed?
3 Answers from Attorneys
Why did you listen to the Attorney who is AGAINST you?
I don't know the facts of your case but you MAY have been duped.
You probably left, your name was called and the Creditors Attorney screwed you.
The suit can not be dismissed. You do not say that you filed an appearance before you came to the court room. The summons tells you that you have to file an appearance. It appears that a judgment was entered against you. On the other hand, you appear not to have a defense to the underlying claim. If you admit you owe it, they are entitled to a judgment against you. The fact that you claim you can not pay it is not a defense to the creditor's claim. You can file a Motion To Vacate the Judgment, if you want to and based upon the facts you set forth, you may win that. However, if the judgment is vacated, because of the fact situation you set forth, it would just be entered again against you at a later date..
Settle it or file bankruptcy are your best options. Unless of course you are on SSI or a fixed income then you may be judgment proof. Remember, if you do not appear for a citation to discover assets they can issue a bench warrant.