Legal Question in Credit and Debt Law in Illinois

Time Limit to Refile a Suit

I went to court last month to answer a summons from Citibank, they didnt show up for the hearing and the judge said there were major issues with jurisdiction due to how the summons was served. The case was dismissed, but he told me they wouldnt give up and he gave me the number of one of thier lawyers to contact and try to negotiate a settlement. Well, they are not returning my calls at all and Im not even sure they have tried to contact Citibank with my settlement offer (roughly 75 percent of the amount owed). Now the Judge also said that there is a date in November ''floating'' around, but he didnt go into detail. b He warned me that before then they would be trying to serve me again any place they could. Do they have a time limit as to the time they have to refile a case? It sounds to me like they have 90 days to try it again, at least from what the Judge is saying, but Im not sure if thats the case. And if it is what would happen after that point? Dont get me wrong, Id much rather see this done (thats what Ive been trying so hard to do for the past year), but they are not willing to negotiate even one bit and its really getting on my nerves. Ive already settled my other accounts and they were much easier to deal with.


Asked on 8/09/05, 11:35 am

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

Re: Time Limit to Refile a Suit

From what you say in your email the Judge DWP'd the case which means dismissed for want of prosecution, which simply means the attorney did not appear in court. The attorney has 30 days from the date the case was dismissed to file a motion vacating the dismissal and having the case put back on the court call. If the attorney does not file a motion in 30 days then the case is dismissed. However, this does not mean that the case is gone forever. The attorney can refile the case at any time as long as it does not violate the statute of limitations which in the case of a credit card is 10 years.

I have no clue as to why the attorney is not returning your calls. Have you tried calling Citibank direct and informing them of the settlement offer? They may tell you to call the attorney but then I would tell them you have tried over and over again but you do not get a response.

If you have any questions please email me directly.

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Answered on 8/09/05, 1:25 pm


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