Legal Question in Credit and Debt Law in Illinois
Unsure of status
A Friend of mine is going through collection activity with a creditor. The account has been turned over to an attorney. She states that they have tried to serve her papers to appear in court. The debt is in her name, but was cuased by her boyfriend. I have tried to tell her to report it, and they will leave her alone. She will not do this, and would rather dodge the summons. She has checked the case online, and noticed that the last entry by the court was ''Dismiss Entire Cause''. Can you explain what this means?
Thank You!
1 Answer from Attorneys
Re: Unsure of status
Well for some reason the court has dismissed the action either by its own motion or perhaps the attorney has dismissed the case. This does not mean that the case or debt is gone forever. The attorney may have the right to refile the case at a later date. In some counties the judge will instruct the attorney to dismiss the action if they are unable to get service after several attempts--so that might be the case here.
There are several reasons why one should never try to avoid service of summons. Remember that your friend does not have to be personaly served, another way for the attorney to get service on your friend is through substitute service--I am not going to go into detail regardiing the service of summons.
One other thing, if the debt is in your friends name then she is responsible for the debt in the eyes of the law. Simply reporting the fact that her boyfriend caused the debt is not going to resolve the issue. If your friend is served with papers then she is going to have to file suit against her boyfriend and bring him into the case.
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