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stellina11 · May 14, 2007, 10:17 AM

I am still very unsure of what to do and how to proceed. I am preparing to write a response, but do not know how to word it. Thank you all for your help!

I actually got two separate papers when I was served. One was a "Alias Summons" This states very clearly that I must pay in order to "file an appearance". It says:

You ARE SUMMONED and required:
1. to file your written appearance by yourself or your attorney and pay the required fee in room xxx at the courthouse on the day of your appearance.
2. to file your answer to the complaint in room xxx as required by par. Xxx in the notice below.

IF YOU FAIL TO DO SO, A JUDGEMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF ASKED IN THE COMPLAINT, A COPY OF WHICH IS ATTACHED HERETO..

There will be a feel to file your appearance. If the claim is $1500.00 or less, the feel will be $113.00.

Notice to the Defendant
1. The case will not be heard on the day of appearance specified above. If you have filed your written appearance or answer you need not appear on that day.
2. If complaint is notarized, your answer must be notarized.
3. On the day for appearance, the following will occur:
a. if you have not obeyed this summons, a judgement or an order of default will be entered against you. Judegement is entered only if the amount claimed is liquidated, the compaint is notarized, and a military affidavit is filed;
b. If you were sued for $5000 or less you must file your appearance on or before the return date above. You need not file an answer unless ordered to do so by the court. Your case will be assigned for trial on the 14th day after the day for appearance specified above.
4. A late filing fee of an appearance or answer will not reileve you from a judgment or default order except by court order.

At the bottom of the other page it says:

Federal law requires me to advise you that we are attempting to collect a debt and any information obtained from you will be used for that purpose. Unless you dispute the validity of this debt or any portion of it, within 30 days after receipt of this notice, in writing, the debt will be assumed valid. If you do dispute the debt's validity, we will provide verficication or a copy of any judgement taken against you and the address of the original creditor if different from the current creditor.

mr.yet · May 14, 2007, 10:55 AM

You Don't Have To Pay To Defend Yourself, File The Notice Of Intend To Defend. Less The Fee Stated, If They Refuse File Notice Of Violation Of Due Process. You Are The Accused So, Ask TheM WHY You Have to Pay To Defend Yourself.

Did This Come From The Court Of Just The Attorney?

Call The Court And Ask Why There Is A Fee To Defend Yourself.

stellina11 · May 14, 2007, 01:21 PM

It seem to me that it came from the attorneys office. But, I am not sure. It was hand delivered to me. On the top it says: Returnable in Room xxx Circuit Court of Cook County. The other page too, says the Circuit Court of Cook County, Municipal Dept. First District. It has a line for the Case Number, and is stamped in. It also says something else I don't understand. On the upper left hand it says J.R.S.-I Inc. final transferre of Bank First.

Originally Posted by mr.yet

You Dont Have To Pay To Defend Yourself, File The Notice Of Intend To Defend. Less The Fee Stated, If They Refuse File Notice Of Violation Of Due Process. You Are The Accused So, Ask TheM WHY You Have to Pay To Defend Yourself.

Did This Come From The Court Of Just The Attorney?

Call The Court And Ask Why There Is A Fee To Defend Yourself.