Summons for Debt Paying on

[Firecracker]

What is the name of your state? IL

In July of 2004 I received a summons to appear in court. I went to court (the debt was not past SOL) and worked out a settlement with the attorney for the credit card. We then went in front of the judge who said it was fine. The settlement was to pay 100.00 per month until the debt wa paid off starting the 15 of August. I have been making these payments. Now I received in the mail today a summons that they state I haven't been and want a judgement. I have the canceled checks? Is there an answer to this summons I should file or attend on the court date with my canceled checks? Please help. This is for Asset Acceptances.

[Debt Guy]

You should file a general denial. Bad things can happen if you don't file before the deadline.

I assume there was some sort of written agreement on the payment plan. Call the attorney who filed the suit and explain there is a mistake -- that you have a written agreement and copies of all your checks and that you are not in default. Tell the attorney that he can either dismiss the case or explain to the judge why he is an idiot. Tell him that you have already filed a general denial and that you are ready to go before the judge.

Offer to send copies of the agreement and checks.

Hopefully, the attorney will tell you that he is going to dismiss the case. Don't take his word for anything. Call the court clerk and ask the status of the case and keep calling until the clerk tells you it is dismissed. If it is not dismissed, be prepared to appear for the hearing and bring all your documents.

I'm not a lawyer but this all makes common sense to me. Perhaps seniorjudge or ladynred will use better words to describe what you need to do.

[Firecracker]

I spoke to the lawyer and he states that I missed my payment in November. Pulled all canceled checks since paying them which included November's payment offered to fax copy. Lawyer told me he didn't care and I can take it up in court. I plan to be in court on the day will I be charged court fees if I have all my proof?

OUt of curiosity what would happen if I couldn't have gotten proof I made the payment?

thanks for all your help