Legal Question in Credit and Debt Law in Illinois

My bank account has a citation put on it from a debt collector. This just happened on Friday.I was given the name of the company that put the citation on it and learned the following after calling them:

1. They obtained a judement against me (I was never served notice of filing or of the judgement)

2. The debt is to a credit card company and is 8,000 +. This is legit and is money I owe.

3. They claim to have sent copies of the citation on my account but I have not received them.

Is this legal?

Shouldn�t I receive notice of a judgement suit?

Should I be receiving notice of the bank account freeze?

What are my rights and how do I proceed? I don�t even know where they filed suit.


Asked on 4/20/11, 12:07 pm

1 Answer from Attorneys

Yes you should have been served somehow. The debt collector should have information about where the suit was filed because they often have to file court papers on behalf of the creditor, and many debt collectors won't take on cases unless they know there was a real judgment entered someplace. So I'd call them back. Also, the papers served on the bank have to show where the case was filed. So the bank should give you a copy of the papers served on them. Often people are served but don't know it because one way to serve is to give the summons to someone in the household old enough according to the law, and that person could be a teenager, and they can FORGET!!!!!!!!! Or someone else who was served in your place and who forgot, conveniently or otherwise.... Right now what you need to do is go to court, look through the case file and find the papers showing how you were served, and where. Once you figure that out you may or may not be able to undo the damage. Once the collector or bank gets you the case information that should not be difficult but given the timing you might want a lawyer to help you with that kind of money at stake --- a few hundred dolllars to check a case file to start with may be all you might need to have done at this point to know what's up. Since the bank has to report what funds it has usually within 30 days of being served, and then the creditor / debt collector goes to court and gets an order for the bank to "turn over" the funds to them, you're time is running short. Best of luck.

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Answered on 4/20/11, 8:31 pm


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