I received a summons asking for the relief of a debt. I don’t know who or what debt. Should I get a lawyer?
chaly asked:
My summons is not signed by the “clerk of the court” (i am in cook county, chicago area )- based on what i read on the affidavit, the collection agency “purchased the account from the original creditor”. I do not know what this is for - since the court date is schedule for next week, am i supposed to contact the attorney or the company to see what and how they got my information. I never received any notices from this collection agency. I do admit that i do not have the best credit and am making minimum wage. There are accounts on my credit report that are from 2000 thru 2003 , but i have been trying to pay them off. Where can i turn to for help? I cannot afford to pay the $2425.95 + cost as liisted in the summons.
What type of lawyer is necessary for this particular situation? And where should I search?
Alvin
My summons is not signed by the “clerk of the court” (i am in cook county, chicago area )- based on what i read on the affidavit, the collection agency “purchased the account from the original creditor”. I do not know what this is for - since the court date is schedule for next week, am i supposed to contact the attorney or the company to see what and how they got my information. I never received any notices from this collection agency. I do admit that i do not have the best credit and am making minimum wage. There are accounts on my credit report that are from 2000 thru 2003 , but i have been trying to pay them off. Where can i turn to for help? I cannot afford to pay the $2425.95 + cost as liisted in the summons.
What type of lawyer is necessary for this particular situation? And where should I search?
Alvin
Tags: Clerk Of The Court, County Chicago, Lawyer
January 20th, 2009 at 8:33 am
get an atty - and SHOW up to court
January 23rd, 2009 at 12:47 pm
I’m not sure quite how to deal with it b/c they are summoning you to court. However, I know you have the right to validate the debt. Go to
It explains that the collection agency must show proof that the debt is owed. This means the original signed contract, etc. If this account has been purchased from the original creditor, it will be difficult for them to come up with this information. If they cannot come up with this, they cannot put this on your credit report and I am not sure if they can collect on it.
January 26th, 2009 at 1:15 am
do you have a volunary advice orginisation in the us like we have in the uk? try ringing the court
January 26th, 2009 at 8:06 pm
YES, get a lawyer. Most attorneys allow a free initial consultation, and they will tell you over the phone whether debt collection is an area of their practice. If it is not, they can refer you to a lawyer that does handle your kind of case.
Regardless, show up to court. If you are a no-show, the court will assume that you do owe the debt because you are not there to contest it. They will then garnish your wages until the debt is paid. A lawyer is a lot less expensive.
Good luck, honey.
January 28th, 2009 at 8:04 pm
Contact the attorney whose name appears on the summons. They might be blowing smoke.
You can most likely go to the initial hearing and represent yourself if needed. But, I would contact the attorney that issued the summons and ask him/her for the details regarding the supposed debt. If they don’t know the details, then remind them that there are laws against “frivolous lawsuits” and that it’s possible to be disbarred for bringing a suit where there is no justification without facts.