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chijm4 · Mar 23, 2007, 03:15 AM

My roommate called and a court summons was sent to our building but to the neighbors postal box, the neighbor brought it over and I am to appear on tues in court in regards to a debt with a credit card. I looked online and saw the case history and even though they have my address and work number Ive never been issued a summons and the case has been in the court system since 2006. What should I do:(

RickJ · Mar 23, 2007, 03:38 AM

You MUST go to court. If you do not, it is highly likely that you will lose the case... and if they get a judgment against you, you risk having your wages or bank account garnished.

All you can do at this point is show up and explain your situation as truthfully as you can. If it get's hairy, then ask the judge for a continuance and get an attorney.

I'm no attorney, that's just my advice from years of credit experience... but hang tight. I bet there will be more input on this today and over the weekend.

chijm4 · Mar 23, 2007, 03:41 AM

Thank you for the reply. I have legal services with work, should I contact them and have them do a continuance on my behalf so I can find a lawyer. If I go to court would I have to pay them right away? The court summons was just dropped off in a neighbors mail box is this improper service?

RickJ · Mar 23, 2007, 03:42 AM

Actually, I half wonder about that. Are you positive that the notice is from your local court?
Is there a case number on it and the plaintiff named too?

chijm4 · Mar 23, 2007, 03:46 AM

I heard about this from my roommate, I am not home until Monday. She said it was dropped off in our neighbors mailbox and she brought it over to her. No one signed it or accepted the summons, she felt it was strange that it would be submitted in this fashion.

RickJ · Mar 23, 2007, 03:50 AM

Have your roommate fax or email it to you asap. You need to know exactly what it is. I'm beginning to think it's not a court notice, but a collection notice drawn up to look like one threatening a lawsuit.

chijm4 · Mar 23, 2007, 03:54 AM

I looked online at the cook county court cases under my name and found the case with the history and the court docket states the room number and judge assigned on the 27th so I believe it to be a actual summons. What is strange is the history shows its been set aside numerous times due to no contact with me but they have my home address and phone and work number

RickJ · Mar 23, 2007, 03:56 AM

If you see it online at the court site, then it's legit. Typically they must attempt certified mail first, but if that is not accepted, then regular mail is acceptable... and where that mail lands is not their responsibility.

I'd still get a copy of it so you have the correct info... and yes, I'd get your employers legal services advice too.

Definitely show up for that court date.

chijm4 · Mar 23, 2007, 03:59 AM

I will contact the law office through work and see if I can be assigned a lawyer. Thanks for the help in this matter. :)

mr.yet · Mar 23, 2007, 04:00 AM

Go to the hearing and demand to see the original contract you signed. You can stated your case about improper service. Motion to dismiss the case for lack of jurisdiction, improper service.

If they cannot produce the original contract, do not admit to anything, no contract, no claim. NO copies, the original, and remember attornies cannot testify for their client, the plaintiff must be present in the court, if not move to dismiss case, lack of subject matter and personal jurisdiction. No plaintiff , no claim.

RickJ · Mar 23, 2007, 04:07 AM

Yes, definitely demand proof of the debt, but be careful about how far you go about "not admitting anything", because if you lie and the proof is brought forward later in the proceedings, then the court will have no mercy on you.

mr.yet · Mar 23, 2007, 05:03 AM

Originally Posted by RickJ

Yes, definitely demand proof of the debt, but be careful about how far you go about "not admitting anything", because if you lie and the proof is brought forward later in the proceedings, then the court will have no mercy on you.

That is true, but don’t admit anything simply means don’t incrimination yourself, simply ask that they prove their claim, they must have the original contract to prove you did sign it. A copy proves nothing and the plaintiff must be able to testify that they saw you sign the contract.