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SUMMONS RETURNED - N.S. REASON: OTHER REASON - IL smart next steps?


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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.

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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.

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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.

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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.

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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 a

NS? 

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  • 2 weeks later...

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? 

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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. 

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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.

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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.

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  • 2 weeks later...

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 !

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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.

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