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sheila818
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Subject: alias summons
 
Posted on Tue Mar 11, 2008 9:46 pm  

we filed bankruptcy, and was relieved of our debt through the circuit court of Will County Illinois. It was charged off by the company.

Later on another company bought the loan from them and then advised us that we still needed to pay the new company. We challenged this company stating that since it was relieved by the bankruptcy court, and also charged off to the company who originally had my loan, that we don't owe that money. they filed a summons for foreclosure, in which we responded, and then we were just served an alias summons stating the same things as the first summons.

my question is: Why did they do that, if we responded to the first summons, motioning the courts to relieve us of this debt?

Their 30 days to respond to our response would be up in 3 days, and no court appearance had been filed by them. do you think that they filed the alias summons to buy them time from their 30 day response?
Laura

Laura

Joined: 21 Jun 2007
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36452 Magic Points

 
Posted on Wed Mar 12, 2008 8:57 am  

Hi Sheila,

As far as I know alias summons are issued due to the following reasons:

    Original summon has expired

    Original has not been served

    Original had no effect

    Original produced no response.


Apart from these I am not aware of any other reason. Buying time might not be a reason.
_________________
Regards,
Laura.
Fasfeed



Joined: 06 Feb 2008
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Posts: 84



3347 Magic Points

 
Posted on Wed Mar 12, 2008 1:38 pm  

I recieved a summons from capital one which I responded to within 30 days. This was in november since then Ive had no reply of any sort. How does the process work in the efforts of them getting a court date set. What would be their next step in continuing their proceedings. Do I just wait on a court date to be mailed out.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Thu Mar 13, 2008 12:56 am  

If the OP filed bankruptcy how can anyone buy that debt and demand payment. You would think that once the court relieved the debt no one else could pick it up and take it over.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Thu Mar 13, 2008 1:46 am  

You are right fireyone, once the debt is confined to a bankruptcy it can not be collected on, I would send a copy of the bankruptcy paperwork to the fools that bought the debt, they just bought a piece of ocean front property in arizona, LOL. They can not collect on this debt, does not mean they won't try though, again, the uninformed consumer may pay it, always good to have knowledge of how things work so that you don't get caught up in the collection trap.
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Morningstar

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11 Magic Points

 
Posted on Thu Mar 13, 2008 4:11 am  

You might be able to pursue damages against the JDB for violating the BK protection. If you had an attorney handle your BK, give him or her a call.
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Laura

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36452 Magic Points

 
Posted on Thu Mar 13, 2008 5:04 am  

I did not see that part. Yes this is a violation. Debts discharged in Bankruptcy are not collectible.
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Laura.
fireyone



Joined: 26 Feb 2008
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130 Magic Points

 
Posted on Fri Mar 14, 2008 11:36 pm  

That definately should be against the law. Once a debt is relieved through bankrupsy I don't think the person should have to keep dealing with the harassment. Are they even allowed to sell a debt that has been relieved?
goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Tue Mar 25, 2008 1:48 am  

Can't you contact the attorney that handled your bankruptcy and have them send a letter to the collection agencies that the debt was discharged through bankruptcy.
_________________
Goodnatured,
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fireyone



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130 Magic Points

 
Posted on Wed Mar 26, 2008 12:09 am  

That would be an excellent idea. Most atty if they handled the bankruptsy should do this free of charge.
Mz.B
Guest






Subject: Alias Summons
 
Posted on Fri Mar 28, 2008 2:42 am  

Hi!
I have a couple of questions in regards to an alias summons. It was served to a friend of my fiance (at our home), in Cook County, IL. It looks like the collection company/their lawyers filed the paperwork. I want to know 1-are they able to give it to his friend? 2nd-what must be included in a "written apperance"? 3rd-Do we need an lawyer? (It is from an unpaid credit card, Bank of America-Amt $3006.00, which was bought out by the collection agencey) 4th-What does all this mean? I would like to thank you in advance for your assistance.
Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 576



11 Magic Points

 
Posted on Fri Mar 28, 2008 5:16 am  

Code:
are they able to give it to his friend?


You can google your state's code of civil procedure to find out what constitutes proper service.

Code:
what must be included in a "written apperance"


Probably an answer; a blanket admission/denial of the claims alleged by the plaintiff, or a line-by-line version of the same.

Code:
Do we need an lawyer?


Lawyers are handy things to have, if you can afford them...but if it's a legitimate debt that is within the statute of limitations, there may not be much one can do for you. If you want look for one, naca.net is a good place to start. A paralegal may be of some assistance if you cannot afford an attorney and you do not qualify for legal aid.

Code:
What does all this mean?


An alias summons is like a copy of the original summons; the plaintiff may have attempted service of the original, but was not successful. If the plaintiff's suit is successful, a judgment will be recorded against you...per your state's laws, your wages or personal property can be garnished, a lien could be placed against real property, and the judgment will accrue interest at a rate specified by state law. Judgments are a pretty bad stain on a credit report, but they aren't the end of the world; even a judgment can be settled (you can also agree to pay in full, on the condition that the plaintiff will have the judgment voided, and thereby removed from your credit report).
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Krissy Hardwick
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Subject: Alias Summons
 
Posted on Thu Apr 03, 2008 12:03 am  

I became totally disabled January 2003. My only source of income for myself and child is from social security disability benefits. I have been served an alias summons on a credit card debt that I am to respond to in writing within 20 days. I was told to "agree or disagree" with the filed complaint (in writing). The complaint is correct but should I "agree" in the written response to the court and to the attorney of the debt collector? The debt is almost $4000. Thank you.
jay
Guest






Subject: bankruptcy after judgement
 
Posted on Fri Feb 20, 2009 5:17 pm  

if things do not go in my favor, i plan on filing a chapter 7. just wondering if it's legal to do so after the judge orders me to pay the credit card company along with any lawer fees.
scott

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Joined: 28 Jun 2006
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10890 Magic Points

 
Posted on Wed Feb 25, 2009 10:15 am  

Whether you qualify for a Chapter 7 or a Chapter 13 bankruptcy depends on the credit counseling program which you need to undergo within 180 days of filing bankruptcy. If you have a good source of income, you will not be able to file a Chapter 7 bankruptcy.
Yes, after you get a judgment on your outstanding debts, you can file a bankruptcy and once you file a bankruptcy, all your existing garnishment orders will cease to operate.
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SCOTT

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