What to do about a judgement?

Illinois/ Arizona. I have lived in Arizona for the past 6 years. A summons for me was served to my dad in Cook County Illinois. Obviously, I never went to court and a judgement for $8600 for past credit card debt was entered against me. How should I handle this, since I personally was never served? Can this judgement be vacated? Do I need to get a lawyer to handle this, or just suck it up? Now they are contacting my parents phone saying they have more court papers. Im sure it has something to do with them trying to collect assets. Can they go after my car I am driving in Arizona? What options do I have. Thanks for your help.

[Ladynred]

You don't reside in IL, you reside in AZ. They can do nothing to you unless or until they domesticate the judgment to AZ. They can serve all the papers they want in IL - it won't do them much good. IF they move the judgment to AZ, then they *might* be able to go after your car, it depends on how much equity you have in it and the AZ exemptions that could protect it - along with all your other property.

Originally Posted by Ladynred

You don't reside in IL, you reside in AZ. They can do nothing to you unless or until they domesticate the judgment to AZ. They can serve all the papers they want in IL - it won't do them much good. IF they move the judgment to AZ, then they *might* be able to go after your car, it depends on how much equity you have in it and the AZ exemptions that could protect it - along with all your other property.

Before any action is taken in AZ, would I have to be served papers here? thanks

[JETX]

Originally Posted by timetopunt

Before any action is taken in AZ, would I have to be served papers here? thanks

First, lets clear up your confusion about 'not being served'. You don't know if you were or not.

Most states, including Illinois, allow for different types of service of a lawsuit. For example, in Illinois:
735 ILCS 5/2-203. Service on individuals.
(1) by leaving a copy of the summons with the defendant personally, or
(2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or

735 ILCS 5/2-203.1. Service by special order of court. If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an order directing a comparable method of service. The motion shall be accompanied with an affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) and (2) of subsection (a) of Section 2-203, including a specific statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to make service have been unsuccessful. The court may order service to be made in any manner consistent with due process.

Based on the above, it is likely that you were in fact properly served with notice of the lawsuit.

As for your current situation in Arizona, the judgment creditor only has to domesticate the Illinois judgment to the Arizona court system. That is fairly easy and inexpensive to do. Yes, you will be notified of the domestication lawsuit being filed in Arizona and given the opportunity to challenge the process. The most common challenge presented is just as you have tried.... improper service of the original lawsuit. As noted above, that would probably NOT apply to you.

Originally Posted by JETX

First, lets clear up your confusion about 'not being served'. You don't know if you were or not.

Most states, including Illinois, allow for different types of service of a lawsuit. For example, in Illinois:
735 ILCS 5/2-203. Service on individuals.
(1) by leaving a copy of the summons with the defendant personally, or
(2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or

735 ILCS 5/2-203.1. Service by special order of court. If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an order directing a comparable method of service. The motion shall be accompanied with an affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) and (2) of subsection (a) of Section 2-203, including a specific statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to make service have been unsuccessful. The court may order service to be made in any manner consistent with due process.

Based on the above, it is likely that you were in fact properly served with notice of the lawsuit.

As for your current situation in Arizona, the judgment creditor only has to domesticate the Illinois judgment to the Arizona court system. That is fairly easy and inexpensive to do. Yes, you will be notified of the domestication lawsuit being filed in Arizona and given the opportunity to challenge the process. The most common challenge presented is just as you have tried.... improper service of the original lawsuit. As noted above, that would probably NOT apply to you.

Thanks for your response. Was I actually serve properly? Illinois has not been my place of usual abode for over 7 years. I have been a full time resident of Arizona since November of 1997.

Second, even if they have the judgement domesticated to Arizona, do the protection laws of Arizona take presidence? Arizona has much better laws protecting individuals property in these cases.

Third, I have made an inderect offer of $3000 to settle this $8000 judgement. i wonder what the chances of them settling are?

Thanks again for any help.

[JETX]

Originally Posted by timetopunt

Thanks for your response. Was I actually serve properly? Illinois has not been my place of usual abode for over 7 years. I have been a full time resident of Arizona since November of 1997.

So??? There is no obligation for a plaintiff to skiptrace you. They only have to comply with the state requirements.... and since the notice was delivered to your parents ("A summons for me was served to my dad in Cook County Illinois"), presumably that had been your address at one time... so the plaintiff can make a good case that service was made. If you feel that it wasn't, then file a motion to set aside the judgment and let the court decide.

Second, even if they have the judgement domesticated to Arizona, do the protection laws of Arizona take presidence? Arizona has much better laws protecting individuals property in these cases.

Yep. If they domesticate the judgment to Arizona, the AZ laws and exemption will apply. Including the 'never expire' SOL of AZ.

Third, I have made an inderect offer of $3000 to settle this $8000 judgement. i wonder what the chances of them settling are?

Somewhere between nil and 100%.

Illinois/Arizona I guess the plot thickens. I finally got a copy of the original summons, and the Account number they have down for the charge account, does not show up on my credit report any where. Are the accounts removed from the credit report, once the judgment is entered? How would I go about challenging this judgement now?

[JETX]

Originally Posted by timetopunt

Illinois/Arizona I guess the plot thickens. I finally got a copy of the original summons, and the Account number they have down for the charge account, does not show up on my credit report any where.

And of course, that means absolutely nothing. There is NO obligation that a credit account ever show up on your credit history.... it is entirely up to the creditor to report it if they want to.

Are the accounts removed from the credit report, once the judgment is entered?

Nope.

How would I go about challenging this judgement now?

Nothing in your post changes the fact that, if the suit was properly served, you very likely have no 'challenge'.

Originally Posted by JETX

And of course, that means absolutely nothing. There is NO obligation that a credit account ever show up on your credit history.... it is entirely up to the creditor to report it if they want to.


Nope.


Nothing in your post changes the fact that, if the suit was properly served, you very likely have no 'challenge'.

Ahh yeah... Settled for $1000!!! Happy days!

[JETX]

Originally Posted by timetopunt

Ahh yeah... Settled for $1000!!!

Now, you just have to get it in writing, as $1000 in full settlement of all claims arising from the debt (described). And while doing that, try to also negotiate a removal of any credit report delinquency.