Legal Question in Credit and Debt Law in Illinois
Wrong amount on the summons
I received an alias summons issued by the attorney for the plaintiff, a credit card company. The summons lists the amount claimed as $3000 ''+ costs'' (I'm using a round figure in this forum for privacy concerns).
While this was the original debt to this plaintiff, I have since made monthly payments on the listed amount through a credit counseling agency totaling approximately $700. Therefore, the amount on the summons should be no more than $2300.
In addition, I am unemployed, and I have had to drastically reduce my payments to $10/month. Even if they make a judgment against me, I cannot pay more than the $10 until I get a job. The attorney for the plaintiff knows that, as they themselves have been the collection agency for the plaintiff all these months, and were informed by my credit counseling agency of my employment status.
My Questions:
1. What do I need to do to have the amount corrected, since I will not agree to an incorrect amount in writing?
2. What are my chances of getting a stipulation agreement to a payment plan, and dismissing the case with prejudice (to avoid a judgment)?
Thank you in advance for taking the time to share your advice.
1 Answer from Attorneys
Re: Wrong amount on the summons
1. What do I need to do to have the amount corrected, since I will not agree to an incorrect amount in writing?
Go to court and provide evidence that you have paid this amount.
2. What are my chances of getting a stipulation agreement to a payment plan, and dismissing the case with prejudice (to avoid a judgment)?
Almost zero. But it never hurts to ask.
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