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flyingkites · Jun 10, 2008, 07:39 PM

I live in Chicago, IL. Last night, while taking the dog out, a court summons was discovered in my front window... that's actually my first question, is that a legal way to deliver a summons? What if I hadn't seen it or it had blown away?!
The summons is from a collection agency collecting on a debt, that at first glance, I had no idea what it was. I now think, but honestly, am not certain, that it is from a credit card that I had in college-NY would be the state it was issued in- The debt is more than 10 years old and doesn't show up on any of the three credit reports. The amount they are asking for is more than 4 times the card's original limit. I have no idea what to do. I feel helpless and ignorant.
I have 3 days to file with the court for a court date.
From what I've read on this site, I think I need to file an intent to dispute. Is that something that I need to find a template for and bring into the courthouse or is that something they will have there when I go to file?
Also, I think I need to do a notice for discovery, but again, I have no idea to go about that? Is that something that I can find a template for as well?

Thank you to anyone who takes the time to answer these questions.

JudyKayTee · Jun 11, 2008, 05:54 AM

Originally Posted by flyingkites

I live in Chicago, IL. Last night, while taking the dog out, a court summons was discovered in my front window......that's actually my first question, is that a legal way to deliver a summons? What if I hadn't seen it or it had blown away?!!
The summons is from a collection agency collecting on a debt, that at first glance, I had no idea what it was. I now think, but honestly, am not certain, that it is from a credit card that I had in college-NY would be the state it was issued in- The debt is more than 10 years old and doesn't show up on any of the three credit reports. The amount they are asking for is more than 4 times the card's original limit. I have no idea what to do. I feel helpless and ignorant.
I have 3 days to file with the court for a court date.
From what I've read on this site, I think I need to file an intent to dispute. Is that something that I need to find a template for and bring into the courthouse or is that something they will have there when I go to file?
Also, I think I need to do a notice for discovery, but again, I have no idea to go about that? Is that something that I can find a template for as well?

Thank you to anyone who takes the time to answer these questions.

Yes, nail and mail - which is what the service was - is perfectly legal after a certain number of unsuccessful attempts. In NYS it's 3, I don't know what it is in Illinois. It will be followed up by mailing a copy to you. If you hadn't seen it or it had blown away the mailed copy is still good service. I own a process service company and HATE nail and mail but sometimes it's the only way to "catch" people.

The debt not showing on your credit report is meaningless in this situation - now that you have been served it will be showing up. That simply means that the credit card company never passed the info along.

The increased amount would be due to legal fees and costs - and 10 years of interest (if your figures are correct).

If there has been no activity - no payments, no charges - on the card for 10 years you are definitely out of Statute and that is your defense.

I don't know what you mean when you say you have 3 days to file for a Court date - ? This was a Summons but it doesn't contain a Court date?

The forms you are asking about are on this site many times - if you go to the "search" feature you will find all sorts of info, some of it which might be pretty specific to your problem.

ScottGem · Jun 11, 2008, 06:02 AM

You need to read more since your situation is not uncommon and the answers to your questions have been posted many times.

Often an initial summons does not include a court date but a time frame by which you have to repond. If you don't respond the plaintiff gets a default judgement. But 3 days is too short a time. Generally you are given 20-30 days to respond. So I would check with the court.

A simple letter that you intend to defend against the suit will suffice at this point. You can state that your defense is the SOL has expired. But I would leave that off and just take the tack that you are not sure this is a valid debt. Request a hearing date be set.

Send of copy of that letter to the plaintiff with a request for verification of the debt.

The next step will be up to the plaintiff. They may send you documents or not. If they show up at the hearing date, they better have them or you request a dismissal. If they do have them, look for the last activity. If it was more than the SOL for Illinois, then ask for a dismissal on those grounds.

JudyKayTee · Jun 11, 2008, 06:06 AM

Originally Posted by ScottGem

You need to read more since your situation is not uncommon and the answers to your questions have been posted many times.

Often an initial summons does not include a court date but a time frame by which you have to repond. If you don't respond the plaintiff gets a default judgement. But 3 days is too short a time. Generally you are given 20-30 days to respond. So I would check with the court.

A simple letter that you intend to defend against the suit will suffice at this point. You can state that your defense is the SOL has expired. But I would leave that off and just take the tack that you are not sure this is a valid debt. Request a hearing date be set.

Send of copy of that letter to the plaintiff with a request for verification of the debt.

The next step will be up to the plaintiff. They may send you documents or not. If they show up at the hearing date, they better have them or you request a dismissal. If they do have them, look for the last activity. If it was more than the SOL for Illinois, then ask for a dismissal on those grounds.

One thing, Scott, that I don't think you noticed - this is/was a NYS debt (I think) and that Statute applies.

Or haven't I had enough coffee this AM?

ScottGem · Jun 11, 2008, 06:09 AM

Possibly. But I think it may depend on where the card issuer has its headquarters.

flyingkites · Jun 11, 2008, 09:09 PM

Thank you for your answers.

Yes, this summons only gives me 3 days to file. I am summoned to file my written appearance and pay fees for doing so. From there a court date will be set. I received this on
Tuesday night and I have to file by the 13th which is Friday. This doesn't give me any time to write a letter for disclosure, but hopefully, I will receive an answer before the court date.

ScottGem · Jun 12, 2008, 06:03 AM

Apparently your courts work a bit differently. It looks like you have to file your Intent to Defend in person and pay a fee for asking for a court date. Frankly, that sounds unconstitutional since it violates the innocent until proven guilty doctrine. But until its challenged that's what you have to do. You should have plenty of time before the hearing to ask for verification of the debt.

Keep us posted.

flyingkites · Jun 12, 2008, 03:59 PM

Your information has been a godsend. Thank you all so much.

I filed today for my court date today. When I got home, I had a copy of the summons in letter form waiting for me just like you said a would. The only startling thing about it was that it has an obstructing service of with it... quoting that it can be a $500 fine and/or up to six months in prison. Am I going to be in trouble for not be home when the summons arrived? I'm very scared now.

ScottGem · Jun 12, 2008, 04:21 PM

How can they expect you to be home. You might want to consider consulting an attorney about this stuff. This court seems to have some wrinkles that it would be best to get knowledgeable advice abount.

progunr · Jun 12, 2008, 04:30 PM

Since we don't have all the details, it is hard to say for certain, but these time limits and threats don't sound right, I have to agree with ScottGem.

You can get an initial consultation with an attorney for no cost, not sure if they would answer some of these questions without being retained, but it is worth a shot.

As to the obstructing service, is it possible that someone was at your residence, that the process server was able to determine that someone was there, but refused to answer the door? That would be the only thing I can think of that would cause them to file such a charge.

I have never heard of "obstructing service" before, damn, if it is real, I wish it existed in the Mid West, I could sure use it.

Hell, everyone I try to serve, obstructs service in one way or another!

flyingkites · Jun 12, 2008, 04:37 PM

Thank you. Yes, this is very strange. The Obstructing Service of Process is just a little note which is paper clipped to a copy of the first page of the summons. It doesn't give a number to call or anything.

OBSTRUCTING SERVICE OF PROCESS

"Whoever resists or obstructs" the authorized service of any process or order of any Court shall be fined $500.00 or impisoned 6 months or both"

720 IL CS 5/31-3

That's all...
My boyfriend got home before me that night and our buzzer was broken-fixed yesterday-which the landlord can attest to, so depending on when it was stuffed in our window, maybe he was home... but that's the closest we can figure and again...

ScottGem · Jun 12, 2008, 04:46 PM

Originally Posted by progunr

As to the obstructing service, is it possible that someone was at your residence, that the process server was able to determine that someone was there, but refused to answer the door? That would be the only thing I can think of that would cause them to file such a charge.

Actually that does make sense. I don't think they "filed" such a charge, but they had these notes to clip to the summons if they thought it was happening.

flyingkites · Jun 12, 2008, 04:55 PM

Thank you. That's what I was wondering. I will inquire with someone on the matter just to be safe however. I appreciate all of your help and will let you know how this all turns out. My court date is the 27th of this month.

ScottGem · Jun 12, 2008, 05:03 PM

One thing you need to do now is take a copy of your response to the summons and send it to the plaintiff with a request for verificcation of the debt. Don't worry if they don't send it, but you need to show the judge you requested it. If they don't bring it to court, ask the judge to dismiss the suit.

flyingkites · Jun 12, 2008, 05:06 PM

Thank you. I sent them a request for a verification of the debt along with the court date after I filed today. I did it all by certified mail so that I would have proof that they received it. I would not have known to send them that if it hadn't been for this website, so again, thank you.

ScottGem · Jun 12, 2008, 05:12 PM

Good luck

JudyKayTee · Jun 12, 2008, 05:26 PM

Originally Posted by flyingkites

Your information has been a godsend. Thank you all so much.

I filed today for my court date today. When I got home, I had a copy of the summons in letter form waiting for me just like you said a would. The only startling thing about it was that it has an obstructing service of with it......quoting that it can be a $500 fine and/or up to six months in prison. Am I going to be in trouble for not be home when the summons arrived?! I'm very scared now.

No, this is just paperwork that the process server carries in case you avoid service. It also (in theory) scares you out of denying you received the summons, either by nailing or by mailing.

I carry a very similar warning in a business card format - just means that you weren't home and now you've been warned not to deny service.

Also could be something that the process server carried and somehow was mistakenly stuffed into the envelope.

No, you're not in trouble.

flyingkites · Jun 13, 2008, 04:39 AM

Thank you for all the advice. I will let you know how it turns out.