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Recvd a summons for cc debt What's the Appearance Filing /Return Date on the summons?

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  • Recvd a summons for cc debt What's the Appearance Filing /Return Date on the summons?

    have much cc debt; will do bankruptcy, but have not yet retained a bankruptcy attny as I type this now, and just recvd a summons to circuit court 4th municipal district for $8,200 on one of the credit cards. Wanted to know what the Appearance Filing /Return Date is . I asked the server and he said that it means I have to go to X court and file something. This date is 10 days from the receipt of the summons, today. The Trial Date noted on the summons is mid November.

    I read you have 28 days to respond to a summons. If this is true, then why am I only getting 10 days, assuming this is the respond-to date I am referring to?

  • #2
    The time to respond to a summons & complaint depends upon state law. You do not mention what state you are in so there is no way to tell. If the summons says you have 10 days to respond (file an Answer to the Complaint or a Motion to Dismiss) then we must assume that is the time allotted in your state for such matters.



    • #3
      oops... IL,chicago area.. so if anyone can give me the chapter and verse on this , it wd be appreciated .

      1. If I file BK before this date, would I need to still respond to this complaint/summons or wd the bk stay render this unnecessary?

      2. Is there enough time to file bk ch 13 within 10 days?

      I was thinking some more on this , and I vaguely recall that LT $10k is considered small claims court in IL and perhaps small claims ct has a different respond by date?


      • #4
        The following legal aid link will give you the answers regarding the 10 days. . .

        A bk can be filed before or after the entry of a judgment. It is up to you and you should make sure you have all of your ducks in a row before filing bk. Just remember, once a judgment is entered the creditor can force collections as provided by state law. Filing bk will end those collection activities.



        • #5
          I am waiting for this to start happening to me (I just posted a question on time frames). It's good to know that it vary's by state. And if I understand correctly if you get a summons and immediately file its halted? However filing can take a bit due to information gathering alone. So I am curious, what if you don't file the summons paperwork? Will the put a warrant out, or does that just happen if you don't appear for the trial date?


          • #6

            If you don't respond to the summons I would assume that the creditor will get a default judgment. Once the bk is filed the entire process relating to the state court matter will stop. If you are in Illinois the above link gives some info on defaults.



            • #7
              thanks for the response. from the above IL legalaid link...

              An Appearance tells the court and the plaintiff that you know about the lawsuit filed against you. It is a formal statement that you are going to participate in the court proceedings.

              An Answer responds to the plaintiff's complaint. The complaint lists the plaintiff's reasons for suing you. The answer responds to each reason.

              You do not have to file an answer for the following cases, unless the court orders you to:
              • If the lawsuit is for $10,000 or less, you don't have to file an answer in Cook County. These cases are called small claims.
              I wonder how this relates to the following answer in Avvo to the same question...the following seems to be saying that in this case I wd get a default judgment against me if I dont file even an appearance ( and pay the fee, of course ) - assuming no BK has been filed yet. The above says in this case you dont have to file an answer in small claims ct. Doesnt say anything about whether you need to file an appearance, but it did define both of them nicely.

              It's a small claims case so things proceed a little differently. The return date is the date by which you need to file your appearance and pay the appearance fee. If you don't, assuming the complaint is verified (or the plaintiff's attorney advances a sufficient affidavit) and you are not in bankruptcy, a default judgment will be entered against you. You don't file an answer in such a case (unless the court orders you to do so). Check out Illinois Supreme Court Rules 283 and 286. Good luck.

              Does anyone know how to find out the fee of filing an appearance in this court in IL (small claims , cook cty)?

              I have been researching BK options , so it is a matter of pulling the trigger on one of the attnys I have consulted. One I did get a hold of said that it can be done before the now 9 days. There are more questions on this , but I will put in ch13 section.


              • #8
                Originally posted by despritfreya View Post

                If you don't respond to the summons I would assume that the creditor will get a default judgment. Once the bk is filed the entire process relating to the state court matter will stop. If you are in Illinois the above link gives some info on defaults.

                Thanks for the response, I was hoping that was correct. I didn't even want to deal with that if it happens.


                • #9
                  Originally posted by rayrod View Post
                  Does anyone know how to find out the fee of filing an appearance in this court in IL (small claims , cook cty)?
                  Call the court where the suit was filed.



                  • #10
                    I finally filed for bk ( ch7 - w/ an attny , of course) , so the lawsuit of this thread is now stayed and neutralized for the moment, but there is another cc debt that is JT w/ my non filing spouse that I just learned does not enjoy a stay in ch7 ( co debtor stay) and that I just learned is in the process of a lawsuit against both my spouse and I .

                    Summons was requested (not recvd by us yet) . Amt = $15k. Court district = Maybrook ( IL, cook county)

                    FOr this lawsuit , I have a question: there are two dates, 10/27 and 11/29. WHich is the one that can get a default judgement by not answering ( if this is the correct term)? THe 2nd date says 'case set on status call'. It is unclear but it might be 'contract complaint file'. Is the latter date the one that we must answer or we will get a default judgement against us ( my spouse) ?


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