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So...I join this forum yesterday...1 hour later I get served

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Qopanel

Joined: 18 Jan 2007
Qopanel's page
Posts: 2

407 Magic Points

Subject: So...I join this forum yesterday...1 hour later I get served

Sat Jan 20, 2007 6:11 am

Boy do I wish I would have found this site 1 month ago. Heres my version of my past 36 hours.

First off, I live in Illinois .

3:00pm: My home refinace funds. (Our ARM came due early last year. December intrest rate at 8.79%, taxes have doubled in 10 years. We go from paying $610 a month to $1350. $125k in equity and some old bad dept). I Pay all but 1 creditor at the closing (capitol 1). last activity 9/00. Should be past SOL.

5:00pm: Looking on net to find out about clearing up credit reports on accounts I paided today.

6:00pm: Find this website. Crying or Very sad

at what mistakes I made with not making deals with my creditors. Crying or Very sad

7:00pm: Knock on the door. Mr. local sherriff asks if I'm Mr. XXXX. I say yes. I ask if I being servered. He says yes. Sure enough Capitol 1 wants $2600 + costs.

7:03pm: Feel like puking. Spend the next 7 1/2 hours surfing the net for SOL in Illinois.

2:30am: Take a Vicodin and a Valium (had back surgury 10 days ago).

9:00am: Call my lawyer. Tells me that revolving credit, as in my case, is a written contract and that the SOL is 10 years in Illinois.

10:00am: Call another lawyer provided by my local union free of charge 1/2 hour phone consult. He tells me same thing.

4:00pm: Call a lawyer who has some motions listed on the net, in US District court, Northern Illinois. He also tells me that the Capitol 1 card has a 10 year SOL.

Now: I am summoned to court on the 30th of this month. The credit card I had though Capitol 1 was secured. I don't remember how much I paid to get it. I think it was $1000.00 for $1500.00 Creidit. They increased my limit at a later date but I don't remember how much. I dispute the charge they want because they never applied my secured payments to the balance as far as I know.

So, What should I do at this point so late in the game?

The 30th of this month is only a written appearance, and to file my answer to the complaint. I'm worried if I say I don't owe as much as their lawyer is saying I do, it wil cost me far more for his costs.

Any help would be greatly appreciated.

Richard
Moderator
Richard

Joined: 27 Jun 2006
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Posts: 111

4654 Magic Points

Sun Jan 21, 2007 1:17 am

You must go to the court on the 30th and file papers with the court. You need to prevent them from getting a default judgment by not showing up on the court date.

When the hearing date is fixed, take your income stubs; calculate the total expenses and all other documents that mention your household income. The judge will hear your side of the story before giving his decision. He will consider your financial situation and draft a payment plan. Keep in mind you will have to follow the plan which will be set by the court.

Richard
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Alex

Joined: 29 Jun 2006
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Posts: 13

768 Magic Points

Sun Jan 21, 2007 1:22 am

Qopanel,

If you default, there are more chances of your wages being garnished. The writ of garnishment will be sent to your payroll and they will start deducting wages. Most states allow 25 percent at the maximum but go through your state laws on Wage garnishment.

This debt is yours and within the SOL period. Show every intention that you want to pay it. The judge will be fair on you. Don’t be afraid of going to the court. Also try if you can work out a settlement with the creditor outside the court. They will withdraw the case after all arrangements are done with you.

Qopanel

Joined: 18 Jan 2007
Qopanel's page
Posts: 2

407 Magic Points

Sun Jan 21, 2007 4:25 am

I absolutely owe some debt. Just not what they are asking for (I think).

The credit card was secured with a payment of at least $1000.00. I don't believe that they ever applied that to my outstanding balance. I don't have any paper work, on any of the account. I'm going to appear, in court, no problem.

The account is in a lawyer’s office and not with a CA. I could pay off the amount they want with no problem. But the amount is wrong in my opinion. I just have no way to prove it, other than them showing me the chart of account. If I'm wrong, I'll pay in full. If i'm right, I'll pay that amount. Can I ask for a VL now, or is it too late.

Is a VL even what I need? I just want to know if they applied it to my acccount.

The court system in Chicago is slow, and wouldn’t have trial set until a few weeks after.

So, should I call the lawyer or Capitol One for a VL? Is it to late? I think I would get nowhere with either. Or, should I just ask for it at the trial, or will that be to late?

I have a "client affidavit" attached to the summons, that only states the amount claimed ($2654) + Interest ($0) + adjusts..($0) - payments ($0) = total ($2654).

I believe I only owe them $1654.

Recap.
1- VL yes or no? Will a VL show my account history?
2- Lawyer or Capitol One, to ask for the chart of account history.
3- Wait to bring it up at the written appearance or at trial?
4- Will it cost me more if I go to trial and ask for those doc's. and I'm wrong?

Whats are your thoughts?

Thx again!

anthony

anthony

Joined: 31 Jul 2006
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Posts: 531

13246 Magic Points

Tue Jan 23, 2007 1:41 am

Hi Qopanel,

Since you lack proof from your side, it will be tough to figure out whether the info provided by the company is correct or not. How will you confirm whether they are giving you a disputed info?

If I were in your place, I would have tried for settlement with the law office. Propose an amount that you can afford at this moment and is favorable towards your account. The burden of proof falls on them but since you have no info in your side, there is uncertainty to contest their info given to you.

Janet
Guest

Subject: Foreclosure

Thu Jan 25, 2007 7:22 pm

Hi

I just found this site. I'm in a situation that I need advice and help. My house just foreclosure on 1/2/2007, I'm really trying to save my home and my credit score is under 500 the interest rate is killing me does anyone have any suggestion on how can save my home, I don't have all the back payments and a second job is impossible.

Richard
Moderator
Richard

Joined: 27 Jun 2006
Richard's page
Posts: 111

4654 Magic Points

Thu Jan 25, 2007 8:17 pm

Hi Janet,

Did you talk with your lender about a forbearance or loss mitigation plan? Any such method can help you avoid foreclosure. If you need help talk with a foreclosure counseling agency, they will discuss your situation with the lender and try to create a payment plan which you will be in a position to continue with.
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Smith
Guest

Subject: Hi, I just found your site and I need a answer ASAP.

Wed Feb 14, 2007 5:44 am

My husband and I just got summons papers to answer any counterclaims that been filed against us in a civil action. There's no court date, we must answer by letter. And have 20 days, which is now, to answer or we will be in default. This is from a credit card that we owe since 3 / 5/ 99. We live in West Virginia. How should we answer?
We would should appreciate any help. ASAP

Guest

Thu Mar 01, 2007 2:47 pm

I did some research and credit cards are OPEN accounts, not written. Thus the SOL would be 5 years. I am checking this out with a couple of other sources but I am pretty sure that credit cards are deemed Open Accounts. Thus the debt you have would be OUT of SOL!!

ExLabordiner
Guest

Subject: Little question about this site

Thu Apr 12, 2007 12:22 am

Please, give me contact address (email or msn) of this site administrator...
Thanks!

Morningstar

Joined: 17 Apr 2007
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Posts: 609

40 Magic Points

Wed Jun 27, 2007 7:16 am

Quote:

I know this is an old thread...but I wanted to add to this. My interpretation is that IL has an old case that opens the door for suits like this (SOL of 10 years). So...you can be sued, you need to fight the suit and PROVE that this is not covered under the IL written contract law. If you can't PROVE it in a court of law, then the creditor will win.
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Kreditrechner
Guest

Subject: excellent!

Sun Jul 08, 2007 6:19 pm

great post

Laura

Joined: 21 Jun 2007
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Posts: 1407

34596 Magic Points

Mon Jul 30, 2007 3:01 am

Welcome to the forum John. Do share your knowledge and experience with us. We will be more than glad. Thank you
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Regards,
Laura.

carol

Joined: 27 Jun 2006
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Posts: 459

12271 Magic Points

Mon Jul 30, 2007 3:04 am

Hi,

We always try to share our experience and help out everyone in the hour of need. Hope to share your experiences as well. Smile

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Keep in touch
Carol

Booneejeate
Guest

Subject: Finance articles directories

Tue Aug 07, 2007 10:15 am

Sorry for offtop, but what the best finance articles directory you know?
What you'll recommend me?

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