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    vmoney's Avatar
    vmoney Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 31, 2010, 02:52 PM
    Illinois Credit Card Debt Collection Question
    Hello,
    An attempt was made to serve me with papers for a credit card debt today. The debt was about $3,000, and I live in Illinois. I recently suffered a wage reduction at work, and my boyfriend moved out, causing my bills to double. Plus, I had an emergency surgery that created additional bills, which I have paid off. What are my rights? Can wages be garnished?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 31, 2010, 03:39 PM

    You say an attempt was made? What do you mean by attempt?

    You have the right to a fair hearing which means the plaintiff has to prove the debt. If they do so or if you do not answer the summons then they will get a default judgement. They can use that to garnish your salary or attach your bank accounts.

    So you need to accept the summons (dodging it only delays the inevitable) and file an Intent to Defend. You then send a cop of the Intent letter to the plaintiff requesting verification of the debt. In the letter you can state that, if they can prove the debt, you are willing to negotiate a payment plan.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 31, 2010, 05:50 PM

    Yes, you need to accept the summons, if not, they will use other methods of notice, have a hearing and you will lose and owe what ever the credit card company says you owe

    You have the right to defend yourself in court, to ask them to prove the debt and to show that all funds asked for, are called for in the credit documents.

    But yes, at the end of the day, if they win, they will have a right to get a judgement and garnishment if you do owe the money.

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