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Credit Card Judgment
I have researched the info I can find on here before posting this. I can't find what I need to know.
Here is my situation. I was served a summons to appear in court for $6400 credit card debt. I called the attorney that is representing the bank that is sueing me for judgment. I asked for the original agreement. Did not receive it before the court date. Went to court and before I could ask for a continuance the lawyer for the bank asked for it since I had asked for the agreement. Continuance granted by the judge. The second court date is Thursday Aug. 9. I have not received the original agreement. I am wondering what paperwork I should file at the courthouse, or what I should do or what my options are. I live in Illinois. |
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Actually this is pretty well covered. You need to make sure the court is aware that you have requested verification of the debt. Either by filing a Motion of discovery, or just sending a copy of the request to the court.
On Thursday, you go into the court and if they don't produce the verification you ask for a dismissal. YOU should not have asked for a continuance. You were ready to defend yourself, IF they could produce the documents. If they DO produce the documents THEN you can ask for a continuance to study them. |
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I did not file anything with the court as far as asking for the agreement. The continuance was granted on the grounds that I had asked for it and not received it. (Is that good enough?) The lawyer asked for the continuance I did not. I was going to (my mistake), but the lawyer did before I had a chance.
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You should make sure the court is aware that you requested verification. Doesn't quite matter how you do it as long as its on record. That's why the lawyer jumped in and asked for a continuance because he was afraid you were going to ask for a dismissal which is what you should be doing.
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