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.