Legal Question in Credit and Debt Law in Illinois

credit debt

I received a summons and was suppose to file for a appeareance and didnt now a judgement has been placed againt me and I received a document that i am suppose to appear in court for a prove up. what exactly is that and if I dont show up whats the most that can happen will there be a warrant issued for my arrest.


Asked on 12/02/08, 12:28 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: credit debt

First of all, you were defaulted. This means you did not come to court, so the court believed everything the credit company said and found you liable.

Second of all, you have a summons for a prove up: this is where the credit company will prove how much money you owe. The result will be a court order (judgment) that you have to pay that amount.

If you fail to show up to the prove up, the Court will again believe everything the credit company says and you will have a judgment against you for quite a bit of money.

It would be a good idea for you to talk to an attorney. Please feel free to give us a call.

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Answered on 12/03/08, 11:56 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: credit debt

You do not have to worry about any warrant being issued for your arrest. This is a civil case, not a criminal case. When you failed to appear on your first court date, the attorney for the creditor took a default, and the case was rescheduled for the cerditor's attorney to provide proof as to how much you owe the creditor. It is not to late for you to consult with an attorney who should be able to tell you whether it would make sense to hire an attorney to represent you at this point. If you do nothing and fail to appear at the prove up hearing, the creditor will obtain a judgment against you for everything they can possibly get. They will then be able to file garnishments or executions and perhaps take other legal actions to collect that money from you. Please consult with an attorney in the county where this suit is pending. Good luck.

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Answered on 12/05/08, 12:32 am


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