Legal Question in Credit and Debt Law in Illinois

Prove-up and order of default

My husband was recently sent paperwork that he was being sued due to an old unpaid 10+ yr old debt recently purchased by Calvery. They are trying to put a judgement against his credit so he filed all the paper work and asked for discovery. On the date he was to appear regarding the discovery we had a terrible snow storm and he could not make it downtown. He called & was told to file a motion for what a new court date, due the volume of calls caused by the weather they could do nothing via phone. He paid the fees and filed the papers but today received a notice that an order for default was entered and when he checked online it said a court date for prove-up was set.....Does he appear? Does this mean he is guilty? We are not even sure the debt is his...how do we fight this?


Asked on 1/09/09, 6:58 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Prove-up and order of default

It is probably not a bad idea to get a lawyer if you are having so many problems with the court system.

But... go to court, show them your motion to set aside the default judgment, explain to the judge about the snow and what everyone told you. At the end of the day, you should be able to get a new date for "prove-up" on whether the debt is yours, possibly the very day you go in.

But really, don't miss any more court dates. They usually only give you one chance.

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Answered on 1/11/09, 4:04 pm


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