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Small Claims credit card collection

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art2323

Junior Member
What is the name of your state (only U.S. law)? Illinois
I have received a summons to appear iin small claims for a unsecured credit card debt. The debt is owed but has more than doubled with interest, penalties and legal costs. My question is whether it will make any difference whether I show up? Will the judgement likely be more?
 


JETX

Senior Member
My question is whether it will make any difference whether I show up? Will the judgement likely be more?
If you don't show up, you will let them 'win' whatever they claim, even if it is not the correct amount.
Yes, the judgment will include whatever they want to claim, plus interest, plus legal fees, plus court costs.
 

JETX

Senior Member
If I appear will it change the amount of judgement?
If you have a valid challenge against their amount or the claim itself, yes.

What is the month and year of the last activity (use or payment) on the account??
 

art2323

Junior Member
November, 2006. I made the mistake of trusting a "debt management company". The original amount was $2200 and the summons lists $4000. They are claiming that is now $4700 with costs. There is no dispute on the original amount.
 

dcatz

Senior Member
You don’t have an SOL defense, which is what I think JETX’s questions were intended to explore.

There is no guarantee that showing up and explaining that you were working with a debt management company will change things. It’s virtually guaranteed that not showing up will give them the judgment they’re asking for. Anything else would require the Court to independently find some defect in their claim and, when you’re permitting a default, there is no incentive to look that hard. It’s a “maybe” vs. a certainty.

Creditors and CAs don’t like debt management companies. Some won’t work with them. Some companies make an honest effort to intervene and resolve, but mostly the distaste is justified. If you paid fees to a debt management company, if you advanced money to be disbursed to creditors, if you had any reasonable expectation that the company was trying to resolve this matter on your behalf, it’s worth the time to show up and tell that story. The Court might cut you some slack on the interest and late fees. It’s not a certainty. It’s your decision. But it also gives you the opportunity to talk to the creditor and that may be an opportunity to work out a plan directly. The alternative for them is to get in line with everyone else.

This site may provide some useful information about the IL Small Claims process and about judgment enforcement:
http://www.illinoislegalaid.org/index.cfm/index.cfm
 

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