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Judgement question?

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I live in northern illinois and my wife was served a summons to appear in court for a judgment from asset acceptance for a HSBC credit card debt for $4500 usd, she had her court date at the beggining of the month of oct and i told her to deny the debt and tell them she needs to seek legal counsel.

the court date was continued for Nov 9th, we talked to a BK attorny but its going to be till after the court date that we will have the down payment for the attorny as my credit is shot and i owe over 25k in cc debt so i assume i too will soon be served.

ive read on the forums to go in and deny the debt and can we go to the next court date and ask them to validate the debt, they sent us the typical notarized affadavit from assest acceptances officer that says we owe the debt - what can i do to stall this longer?

also we have a joint checking account that my paycheck gets direct deposited to and this week i opened up my own individual account with the same BCU credit union in event that the judgement goes through with only my name on it, can they take my pay or clean out my bank account? also my wife is a home maker and doesnt have any income, can they garnish my wages?

If i go to court with her can i speak for her as she sucks at this type of thing and can i ask the judge to file a motion for discovery to validate the debt?

also does anyone know anything about FREEDMAN ANSELMO LINDBERG & RAPPE that is the atty that works for asset and is Judge BOLGER, JOHN D is he consumer friendly?

Also say for instance we go to court on the 9th and the judge awards the plantiff by default, how soon can they clean out a bank account? can they try to clean it out more than once if there is only $20 in it at the time.

do they have to set another court date to get discovery to find our assetts or Her assets only? do they then set a court date once they find the banking info and then set a date for execution of the judgement.

Im trying to stall them as long as possible to get a lawyer for the bk.

Edited by doc20002001
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I got railroaded by a judge in Feb. He awarded the Plaintiff a judgment after I answered the Complaint but did not participate any further in the proceedings ( my Mother got sick and I left my area to take care of her ...... returning home for the scheduled trial date ...... only to find a demand for discovery had been sitting in my mailbox for quite a few months).

I asked for continuance but he wouldn't hear it ..... so .... long story short...

I've been sitting here for 8 months waiting to hear from the creditor as to where to send the money to.

I know that they think that the interest is still accruing on their judgment and that is their purpose but ....... there doesn't seem to be any urgency in their collection activities since they got the kill.

Your milage may vary as I'm sure that different creditors act in diverse manner.

And yes, unless they already have information concerning your personal finances, they will probably have to petition the court to get that stuff.

Edited by Savoir
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Two things in Illinois to help you win

(735 ILCS 5/2‑606) (from Ch. 110, par. 2‑606)

Sec. 2‑606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.

(Source: P.A. 82‑280.)

(735 ILCS 5/2‑607) (from Ch. 110, par. 2‑607)

Sec. 2‑607. Bills of particulars. (a) Within the time a party is to respond to a pleading, that party may, if allegations are so wanting in details that the responding party should be entitled to a bill of particulars, file and serve a notice demanding it. The notice shall point out specifically the defects complained of or the details desired. The pleader shall have 28 days to file and serve the bill of particulars, and the party who requested the bill shall have 28 days to plead after being served with the bill.

(B) If the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, on motion and in its discretion, strike the pleading, allow further time to furnish the bill of particulars or require a more particular bill to be filed and served.

© If a bill of particulars, in an action based on a contract, contains the statement of items of indebtedness and is verified by oath, the items thereof are admitted except in so far as the opposite party files an affidavit specifically denying them, and as to each item denied states the facts upon which the denial is based, unless the affidavit is excused by the court.

(d) If the party on whom a demand for a bill of particulars has been made believes that the party demanding it is not entitled to the particulars asked for, he or she may move the court that the demand be denied or modified.

(Source: P.A. 86‑646.)

They have to attach documents to the complaint and you can file a bill of particulars.

Be sure to look up Illinois civil Bill of particulars. That will give you more time. Your wife most definitely needs to come on here and get up to speed thats reading every day. She can totally get up to speed by Nov. 9th a little bit of work now will pay of big dividends.

also As I have posted a couple of times before I think it is best if both spouses come here and learn TOGETHER. I always ask this because it is possible one spouse could be bullying the other spouse along the line of the credit chain. It would be a travesty if the other spouse is not ready for court or was pressured to get credit in the first placed then told they have to fight the plaintiff's if the Power balance in the relationship is heavily one sided.

Not saying this is your situation. Just want to be sure that both spouses want to fight.

I would be remiss if I didn't mention other options which might work Arbitration, settlement after contentious discovery, BK, or head in sand default judgment.

Most spouses have the werewithall to defend their cases in court. Most courts don't allow intervening but It would be bad also.

I have shown the things that you can use to make the plaintiff's back the hell up. The attachments to the complaint is key. and the Bill of particulars will accomplish 2 things. Allow more time to answer and call their bluff for evidence.

as for the judgment part if you answer no default judgment. Take these steps now and look up the Illinois civil pleading statutes here:

Part 6 - Pleading :: 735 ILCS 5/      Code of Civil Procedure. :: Illinois 735 ILCS 5/      Code of Civil Procedure. :: 2005 Illinois Code :: Illinois Code :: US Codes and Statutes :: US Law :: Justia

You are among friends your wife can do this.

Edited by Seadragon
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