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I am behind on my credit card payments and am now being sued by the credit card company for more than I owe. What should I do?

March 26, 2020 By Law Firm

Being behind on your credit card payments is stressful enough, so what happens when you add a lawsuit on top of that? Unfortunately, credit card companies have a right to sue for failure to make payments, so Illinois residents should be aware of what to expect when a lawsuit is brought against them. Individuals residing in Joliet, Plainfield, and other areas of Will or Grundy County, are encouraged to consult an attorney to defend against liability on their behalf.

 

Credit card companies often sue individuals behind on their payments in hopes that a judge will order them to pay. Failure to make timely payments often leads the company’s collections department to add fees, penalties, and interest to the balance owed. If a credit card company files a lawsuit against you, they must notify you of the claim and you must take immediate action. Once you receive notice, you can attempt to stop the lawsuit by contacting the creditor to see if they are willing to settle your case to avoid going to court. If the creditor is not willing to settle, or if you cannot afford to settle, you may consider contacting an experienced bankruptcy attorney to determine whether filing for bankruptcy is your best option.

 

The next step you should take is to respond to the summons, the document containing notice of the lawsuit. You must file a timely response, an answer, on your own, or through an attorney, within 30 days from the date you received notice. You must also show up to court. Failure to do either of those things, may result in a default judgment entered against you. When you appear in court, you should request proof of the amount of money the credit card company claims you owe because it is their duty to prove that you owe them that money. After appearing in court, you will need to follow the proceedings until a judgment is entered. The judgment will be determined based on the evidence the creditor has against you and whether you show up to court.

 

Receiving notice that you are being sued can be alarming. If you reside in Joliet, Plainfield, or elsewhere in Will County, Illinois, and are being sued by your credit card company, or fear that you will be sued, do not ignore the issue. Instead, contact an experienced attorney at Hamilton & Antonsen, Ltd. at 815.729.9220 for a complimentary consultation.

Filed Under: Blog, Joliet Tagged With: attorney, bankruptcy, bankruptcy attorney, county, credit card debt, debt, filing, joliet, joliet bankruptcy, joliet lawyer, lawyer, plainfield bankruptcy, plainfield lawyer, will county, will county lawyer

When and Why should I consider filing for Bankruptcy in Will County, Illinois?

June 24, 2015 By Law Firm

Despite all of our best efforts, sometimes Joliet, Plainfield, and other Will County residents might consider filing bankruptcy to alleviate debt. However, this is not a decision to be taken lightly. Will County residents should carefully consider their circumstances and consult with an attorney to determine if bankruptcy is right for them.

Your income, as well as, the amounts and the type of debt you owe are important to consider when determining whether to file for bankruptcy, and which type of bankruptcy to file under. Under Chapter 13 Bankruptcy certain debts, such as credit card debt, will be eliminated, however, you will agree to a payment plan and give up some of your future income to go towards the repayment of your debt.   Under Will County chapter 7 bankruptcy, most of your debts will be eliminated without any promise to pay future income. However, a trustee is put in charge of most of your funds and property, which he can dispose of or sell to go towards your debt. If you have a steady income and do not wish to lose any of your property you might look towards a Chapter 13 Bankruptcy.  It is also important to know that some debts will not be erased by either type of bankruptcy.
[Read more…] about When and Why should I consider filing for Bankruptcy in Will County, Illinois?

Filed Under: Blog Tagged With: bankruptcy, file, to, when

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Hamilton & Antonsen, LTD

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Joliet, IL 60431

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  • I am behind on my credit card payments and am now being sued by the credit card company for more than I owe. What should I do?
  • What happens if a minor receives a speeding ticket? Will their license be suspended?
  • Aggravated Speeding in Plainfield Illinois

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