slavenomore Posted April 7, 2013 Report Share Posted April 7, 2013 SUMMONS RETURNED - N.S. REASON: OTHER REASON Was the latest I got on the electronic docket from this came from a lawyer that works for large bank. I have sent a DV and they sent a copy of last statement. I am in another state caring for a sick loved one. What does this mean please and what should be my next smart steps? thank you for your experience, tips, and hope. Link to comment Share on other sites More sharing options...
howucan2 Posted April 7, 2013 Report Share Posted April 7, 2013 No worries, I had about two aliases issued 10 months before I was actually served. If you are in Cook county, sheriff is quite busy and sometimes the lazy process server just doesn't want to work. I had one who stated that over 20 attempts were made because door man wouldn't let him in ? maybe because he looked like a thug or a big fat lier ! Just keep checking the dockets . meanwhile start your education now, this is the time to prepare. Link to comment Share on other sites More sharing options...
slavenomore Posted April 7, 2013 Author Report Share Posted April 7, 2013 Thank you so much what would be my smart next steps? knowing what you know now what would you do next? Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted April 7, 2013 Report Share Posted April 7, 2013 Study the rules of civil procedure for your state. There are different levels of court with different rules, depending on the amount they sue for. Generally speaking, the first steps are to file an appearance form with the court and answer the complaint. In small claims, sometimes all you have to do is show up on the assigned trial date and bring your evidence, if you have any. Howucan2 is the one to follow for your state. Link to comment Share on other sites More sharing options...
gwheelock915 Posted April 7, 2013 Report Share Posted April 7, 2013 I don't know what county you are in, but also look at your local court rules, which may govern motion practice. You will be filing a motion to dismiss, so you want to make sure you have it done right. Link to comment Share on other sites More sharing options...
howucan2 Posted April 7, 2013 Report Share Posted April 7, 2013 Thank you so much what would be my smart next steps? knowing what you know now what would you do next? Sit tight and keep monitoring the court's site on a daily basis so, your main focus should be studying and educationg yourself for defense. (Unless you can afford to pay someone else , attorney to do it for you). you haven't mentioned if this JDB or OC and whether this is small claims court or municiple. As was mentioned Rules vary from county to county so it's important to know what county you live in. Link to comment Share on other sites More sharing options...
slavenomore Posted April 10, 2013 Author Report Share Posted April 10, 2013 Thank you. It is 15K+ and the attorney says that he works for the original creditor. when i DVd him he sent me a copy of my latest statement. orginally, The oc sent me an offer to settle for 40% which i didnt have so sent them a letter and told them i have no assets and to make me a better offer,as i would rather settle for 2K than go BK and they get nothing. I dont know if the oc sent the lawyer the letter asking for a better offer or not Now I find out the lawyer is filing for 100% plus penalties. How can I prepare if it is not small claims? What happens next after aNS? Link to comment Share on other sites More sharing options...
slavenomore Posted April 23, 2013 Author Report Share Posted April 23, 2013 Great clarification quesitons: To be clear: THE AMOUNT: It is 15K+ and the attorney says that he works for the original creditor. when i DVd him he sent me a copy of my latest statement. BACKSTORY: orginally, The oc sent me an offer to settle for 40% which i didnt have so sent them a letter and told them i have no assets and to make me a better offer,as i would rather settle for 2K than go BK and they get nothing. I dont know if the oc sent the lawyer the letter asking for a better offer or not WHATS IS THE NEXT RIGHT ACTIONS?Now I find out the lawyer is filing for 100% plus penalties! How can I prepare if it is not small claims since its 15k+? What happens next after a NS? Link to comment Share on other sites More sharing options...
Spikey Posted April 23, 2013 Report Share Posted April 23, 2013 Cases over 10k get assigned for Mandatory Arbitration. Here's a guide book for Cook County, it's the same process no matter the county: http://files.illinoislegaladvocate.org/uploads/7991Mandatory%20Arbitration%202009.pdf First step once served is to appear in court on the summons date then file an appearance and answer (or a motion for dismissal in lieu of answer) with the circuit court clerk. Link to comment Share on other sites More sharing options...
slavenomore Posted April 24, 2013 Author Report Share Posted April 24, 2013 Thank you so much for that link and your clear advice. I really appreciate it. and will read all of this. Link to comment Share on other sites More sharing options...
shellieh98 Posted April 24, 2013 Report Share Posted April 24, 2013 Just sayin. Being sued from an OC is much harder to win in court because they usually have all the paperwork, and no assignment issues. You should check and see if your credit agreement includes an arbitration clause, and then go read linda7's threads on arbitration. Might be a way to settle for less. If you choose to fight, just know it may end up in a BK, but I have seen some people be successful in an oc lawsuit. 40% on an oc is actually a pretty good deal. they will usually work out payment arrangements too. Also, just a note, law says as long as the account has not been sold you can always settle with OC, but it would be up to them. Link to comment Share on other sites More sharing options...
Spikey Posted April 24, 2013 Report Share Posted April 24, 2013 Shellieh's right, OCs are very tough win against. Have to wait and see what they send with the complaint. Link to comment Share on other sites More sharing options...
cjb3 Posted April 24, 2013 Report Share Posted April 24, 2013 I am in another state caring for a sick loved one. Interesting, sounds like you are UNintentionaly ducking service. They can't find you because you have relocated outside of the courts jurisdiction.If they can't serve you, the case should just fade away.There are still a couple of ways they can serve you....1) sewer service or 2) publication in the newspaper. I bet the process server has informed the PA that you no longer live at the address of record. Keep checking the docket. If it shows proper service, then you should be able to get it dismissed on jurisdictional grounds. Link to comment Share on other sites More sharing options...
slavenomore Posted May 8, 2013 Author Report Share Posted May 8, 2013 Thank you so much, I really appreciate all the advice, there is so much to learn. Link to comment Share on other sites More sharing options...
gwheelock915 Posted May 8, 2013 Report Share Posted May 8, 2013 I got a 90% discount from one OC. I didn't want to take it, but it was hard to refuse, since I wasn't going to have to fight it anymore. Link to comment Share on other sites More sharing options...
Spikey Posted May 9, 2013 Report Share Posted May 9, 2013 It's all good until they sell the rest to another company or issue a 1099-C. Link to comment Share on other sites More sharing options...
howucan2 Posted May 9, 2013 Report Share Posted May 9, 2013 It's all good until they sell the rest to another company or issue a 1099-C.You can put an end to that before you sign the settlement agreement. There are demands to be made prior to signing your life away. I am sure gwheelock915 knew to put it all in writing ! Link to comment Share on other sites More sharing options...
Spikey Posted May 9, 2013 Report Share Posted May 9, 2013 I'm sure he knows better than that, but it's useful to mention for others that aren't quite as savvy yet. Link to comment Share on other sites More sharing options...
gwheelock915 Posted May 9, 2013 Report Share Posted May 9, 2013 To clarify, the written offer came from the Executive VP of said OC. Here are the rules: Pay when I want to, no interest accrues, and yes 1099-C. So how did I take that? Well as thanks for the agreement in writing, I'm not paying. Link to comment Share on other sites More sharing options...
slavenomore Posted May 10, 2013 Author Report Share Posted May 10, 2013 Wow. I would jump at a 90% offer. how did you do that please? also as far as the 1099, cant you just declare insolvency and get that taken off? Link to comment Share on other sites More sharing options...
Spikey Posted May 10, 2013 Report Share Posted May 10, 2013 It usually happens when they're desperate. I got an 82% off offer yesterday. I laughed. Link to comment Share on other sites More sharing options...
slavenomore Posted May 13, 2013 Author Report Share Posted May 13, 2013 wow 82%. I wish. what is pacer? and how can i get most up todate on what is happening to my case? right now i am checking in the electronic docket at the circut crt office. is there a more accurate free way to check on my case? Link to comment Share on other sites More sharing options...
gwheelock915 Posted May 13, 2013 Report Share Posted May 13, 2013 Pacer is for federal cases only. It won't help you here. The only choice you have is to go to the daley center and pull the actual file. Where I live it is scanned and computerized. Cook Countys court system is the armpit of the world. Dorothy Brown has every box stamped with her name on it. Too bad she won't spend that money instead on a computerized docket system. Link to comment Share on other sites More sharing options...
Spikey Posted May 13, 2013 Report Share Posted May 13, 2013 wow 82%. I wish. 82% off is only good if you can afford to pay it. Even then I'm not sure I would pay it without proof that they actually own the debt. Link to comment Share on other sites More sharing options...
slavenomore Posted May 17, 2013 Author Report Share Posted May 17, 2013 good points ; ) Link to comment Share on other sites More sharing options...
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