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  #1  
Old 02-10-2002, 02:31 AM
sarah777
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help with a lawsuit


I am in Illinois and was served a summons for a "written appearance" for a debt from a car repo that took place 2 years earlier. My question is this;
Can my bank account be "attached" or garnished before a judgement is rendered? If not then how long after the judgement is entered before this could take place?
I am planning on filing a chapter 7 before the sceduled court (or very soon thereafter) date, should I let the attorney for the creditor know this? Would this be of benefit to me in case I do not file before my court date?
Also, what does the term "Return Date" mean on the summons? My trial date is for 2/20 and the return date is 2/18. What is the difference?
All answers and opinions are appreciated!!
  #2  
Old 02-10-2002, 02:53 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: help with a lawsuit


Quote:
Originally posted by sarah777
I am in Illinois and was served a summons for a "written appearance" for a debt from a car repo that took place 2 years earlier. My question is this;
Can my bank account be "attached" or garnished before a judgement is rendered? If not then how long after the judgement is entered before this could take place?
I am planning on filing a chapter 7 before the sceduled court (or very soon thereafter) date, should I let the attorney for the creditor know this? Would this be of benefit to me in case I do not file before my court date?
Also, what does the term "Return Date" mean on the summons? My trial date is for 2/20 and the return date is 2/18. What is the difference?
All answers and opinions are appreciated!!

My response:

If you're planning on filing for BK, you should do so as soon as possible to stop this lawsuit. As far as the "Return Date" is concerned, read the following - -


(735 ILCS 5/11-304)
Sec. 11-304. Summons - Pleadings. Upon the filing of the complaint,
summons shall be issued commanding the defendant or defendants to appear
on the day named therein, which shall not be less than 5 days nor more
than 10 days thereafter, as shall be directed by the court. Such
summons shall be served at least 5 days before the return day thereof in
the same manner as summons is served in other civil cases.
Every defendant who is summoned shall appear by filing a pleading or
motion in the cause on the return day of the summons as in other civil
cases, and such action shall be given preference in hearing over all
other cases.

Good luck to you.

IAAL
  #3  
Old 02-10-2002, 05:57 PM
sarah777
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I am still confused and do not understand the difference between the 2. Can you elaborate please?
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