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    xyz123's Avatar
    xyz123 Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 27, 2008, 09:53 AM
    Summons to court in Illinois but live in Georgia
    Yesterday, I was served at Alias Summons at my home in GA with a summons to Civil Court in Illinois. The original complaint was attached to the summons and dated 2006. The court is 1,000 miles from me. The attorney attached a postage paid return envelope. If I pay the full amount, which I can do, should it be sent to the attorney? If I do that, how will I know that the judgment has been cancelled? The original bill was for $900 and the last payment was in November 2005. The amount on the summons is now $2,000. I'd prefer to pay $1,000 this month and $1,000 next month, but I'm afraid of the accumulating legal fees. Thank you for advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 27, 2008, 10:14 AM
    If you believe the bill is valid then you can offer to settle. Given the amount of the initial bill, I would make an offer of $1500 in two equal installements. Tell them you will send the first installment upon receipt of a letter acknowledging the settlement and stating that legal action will be postponed as loing as you adhere to the settlement offer and that, upon completion the suit will be dropped entirely.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #3

    Aug 27, 2008, 10:17 AM
    You should contact the attorney and try to offer a settlement.

    If you are able to make satisfactory arrangements, be sure that you require the settlement to be in writing.

    Once you have agreed on the amount, let them know that you will submit the first or full payment upon receipt of the written settlement terms.

    Mail ALL correspondence via Certified Mail, Return Receipt Requested and keep a copy of everything you send or receive.

    Or, show up for court and try to settle it there.
    xyz123's Avatar
    xyz123 Posts: 2, Reputation: 1
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    #4

    Aug 27, 2008, 10:26 AM
    I probably should settle because I live in Georgia and the court is in Illinois, 1,000 miles from here. I've lived in Georgia since 2005, but the original summons and the alias summons came from Illinois and I was given a court date in Illinois for September 11. That is nearly impossible for me to do. Thank you for you help. This debt and another of mine were neglected by me during some very difficult years. I am no longer ill and am wanting to handle the debt and move forward.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Aug 27, 2008, 10:57 AM
    Before saying anything you need to do a bit of homework. Illinois like most states has a statute of limitations, which may have run out depending on what kind of debt this is. Illinois Statute of Limitations Laws - IL Statute of Limitations Laws - State Laws, Codes If your situation has a statute of less than 3 years any offer you make will restart the statute and you could find yourself paying a court ordered judgement. If the statute has run out the debt still exists but the holder of the debt can no longer force you to pay via the courts. Is the debt valid and what kind was it, credit acrd, car loan , mortgage, etc...

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