debt validation in illinois: small claims court

[cricket00]

What is the name of your state? illinois

i was served a summons to appear in small claims (pro se) court. once there, i spoke with the attorney before i went before the judge and refused to pay the amount (just over 1K) without verification of debt, as i don't have records regarding this account, which is a few months shy of 10 years old.

the judge reschedules a trial hearing for next month. in the meantime, the attorney sends me some paperwork: the original signed agreement from 1997, and two "account statements" which don't list any transactions, just an amount (which was under $500) and a late fee. the dates on these documents are from 2000.

i rummaged thru all my credit documents and found an old equifax dispute that listed the last transaction date for this account as 8/1998, so obviously, the dates on this account statement from the attorney are inaccurate. unfortunately, i don't have any paperwork that shows i closed the account, (and my attempts to speak with the original creditor were denied) so it's my paperwork against theirs.

questions:
1. should i go to court and let this play out? i'm afraid that i'll end up paying even MORE than i "owed" originally, i.e. paying over $1,000 as opposed to the $465 on the paperwork provided by the attorney.
2. i also think the attorney would like to settle before we go back to court, as the documents he sent me clearly state that i should contact him "with any questions or concerns as soon as possible" and that he is "available to speak with me at any time." to me, that seems like he wants to settle before having to prove it in court.....which i'm not certain that he can. but i'm not sure.
3. do you think it's possible that the attorney (if i decide to contact him) will agree to settle for part of the amount he can prove? for example, settling for $250 as opposed to $500? i'd rather pay a small fee and get this over with as opposed to missing another day of work for court....especially with the possibility that i could end up paying even more!
4. FYI: the statute of limitations on this sort of credit card debt is 10 years. according to my paperwork, i'll be 3 months shy of that during the scheduled court date.

any advice would be much appreciated.
thanks so much.

[seniorjudge]

Settle this as soon as possible.

"Settle" means you have money, ready to pay. It does NOT mean that you have more promises.

[cricket00]

Originally Posted by seniorjudge

Settle this as soon as possible.

"Settle" means you have money, ready to pay. It does NOT mean that you have more promises.

i agree. the amount owed is relatively small, and i have the means to pay it. i simply wanted validation of the debt before handing over any cash....esp. now w/ rampant identity theft.

so are you suggesting i settle with the attorney outside of court?
or just wait for the judge to decide?

i'm not sure what you're referring to by the use of the word "promises."

[marbol]

Originally Posted by cricket00

i agree. the amount owed is relatively small, and i have the means to pay it. i simply wanted validation of the debt before handing over any cash....esp. now w/ rampant identity theft.

so are you suggesting i settle with the attorney outside of court?
or just wait for the judge to decide?

i'm not sure what you're referring to by the use of the word "promises."

You have every right to demand that THEY provide you proof that you indeed do owe the money. And the burden of proof is on THEM. If they cannot prove that you signed an agreement to pay, then they can't collect. Usually this means they need to produce a signature, or statements that show you making payments on the account at one time.

[debtcollector`]

OP: Making an offer to settle is opening communications. It sounds like they have enough to in court, but you never know. Talk to the attorney and discuss it. Maybe you can reach a happy or unhappy medium you both can live with.

Maribol - They don't have to prove anything to the OP. They only have to meet their burden in front of the judge.

DC