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direlee · Feb 28, 2015, 05:21 PM

I live in Chicago, Illinois and I was just given a summons from a cook county sheriff to be in court 3-17-15 for a cc debt of $2,510.12. I am not legally savvy at all. It says I am legally required to file my written appearance by then and file my answer complaint or a judgement will be taken by default. I am fluid and can pay off this debt. The Plaintiff is the original company I signed up for with the cc Barclays Bank Delaware. They included an affidavit as well. How should I go about this? Although I am fluid I'm not really fluid enough to hire a lawyer.
Sincerely,
Regretting getting a CC as a young dumb 20 something

Fr_Chuck · Feb 28, 2015, 05:42 PM

If you owe the money, merely pay it. If you do not owe the money, and have proof that it has been paid, send back to the court, notice that you will defend your case with proof that it has been paid.

Is there a reason it has not been paid (if not paid?) was it a contested debt and if so, is that proof you contested it ?

If it was me, at this point, even if I paid the debt to them now, I would answer the letter saying I would appear in court to prove the debt paid, and show up, just to keep them from getting a judgement after the debt paid.

direlee · Feb 28, 2015, 06:01 PM

Even if I got a summons I can pay it? Should I call the company and try and settle out of court? Court date is a little more than two weeks away if I settle with them can they drop it and I don't have to show up for court? I do owe the money and intend on paying it.

I can still pay the debt even though I've already been summoned? I do owe the money and am willing to pay it. Can I just call the company and settle out of court? It wasn't paid because I didn't have the money at the time. Like a dumb 20 something they stopped calling so I kind of forgot about it. If I settle out of court do I still have to go to court?

J_9 · Feb 28, 2015, 06:05 PM

No, you cannot simply pay it now that there is a court action.

You can however, contact the Plaintiff's attorney in an attempt to settle this out of court.

AK lawyer · Mar 2, 2015, 07:39 AM

... If I settle out of court do I still have to go to court?

No. But be sure that, once you have paid, and you answer the complaint, your answer should allege payment. Note that you will also have to pay court costs (and, if its provided for in the contract, perhaps plaintiff's attorney fees).

Fr_Chuck · Mar 2, 2015, 08:12 AM

But, with all of that said, there will be no "settlement' except for you paying in full plus all court and legal fees up to this point. If you are working, and they know it, and this state allows garnishment, they have no reason to settle.

** but, read many of the other questions, if you settle and pay now, be sure to answer with the statement that it was paid, and settled. Get a reciept from the company you pay, and letter that it is paid and they are stopping all court aaction.

But... other people have asked questions here, that said, they paid and a default judgement still happend, because papers filed and they did not appear.
So if it was me, I would be at court, even if it was "suppose" to be dropped, just to be sure it was. One day wasted, going to court to find, no case, is a lot easier than several days, going, trying to get a default judgement overturned.