small claims summons

[drumn91]

I was served with a small claims summons to appear before McHenry County,Illinois circuit court for an unpaid chiropractor bill. The total amount of the bill is $898.00 but is $997.00 if I were to pay it in full before the court date of 4-17-01 to avoid a judgement on my credit reports. How do I beat this in a court system? If I prove that my expenses already exceed what I take home will I still be ordered to pay or will the Plantiff lose. I would have a problem showing my expenses because I pay cash for my 2 Nextel cell phone bills to my employer which are in his name. Also I pay cash for the health insurance provided to my daughter each month as well as my own dental which comes right out of my payroll check. Am I better off trying to get together $997.00 and resolve the matter to prevent judgement or is it relatively easy to clear a judgement off of a credit report?

[Edited by drumn91 on 04-12-2001 at 06:41 PM]

 

[I AM ALWAYS LIABLE]

I was served with a small claims summons to appear before McHenry County,Illinois circuit court for an unpaid chiropractor bill. The total amount of the bill is $898.00 but is $997.00 if I were to pay it in full before the court date of 4-17-01 to avoid a judgement on my credit reports. How do I beat this in a court system? If I prove that my expenses already exceed what I take home will I still be ordered to pay or will the Plantiff lose. I would have a problem showing my expenses because I pay cash for my 2 Nextel cell phone bills to my employer which are in his name. Also I pay cash for the health insurance provided to my daughter each month as well as my own dental which comes right out of my payroll check. Am I better off trying to get together $997.00 and resolve the matter to prevent judgement or is it relatively easy to clear a judgement off of a credit report?

[Edited by drumn91 on 04-12-2001 at 06:41 PM]

My response:

Let me see if I understand you correctly. From what I gather, you're saying that if your current expenses exceed your income, then you can use that as a defense, and win the lawsuit ? Is that what you're saying ?

If that is what you're saying, then have I got a "News Flash" for you. Your income and expenses have nothing whatever to do with whether or not you're liable for the contractual debt.

Since you used the services of the Chiropractor, and the Chiropractor is not in the business of charity, you'll wind up losing the lawsuit. You have no defense to this matter, and saying, "I don't have the money" is no defense.

The amount over and above your original debt is comprised of Statutory Interest, at the legal rate.

You are absolutely better off paying this debt before it goes to judgment. If you do get a judgment against you, it will be on your Credit Report for the next 7 years. Try buying a car. A house. Or anything that requires credit. If credit is extended to you for these items, it will be at a much higher consumer interest rate.

Pay the debt.

IAAL

 

[drumn91]

thanks

Thank you very much for your quick response. I need to handle the matter quickly and your reply gave me the information I needed. I was not sure if this could be beat in a courtroom with the "right tools for the job."