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SUMMONS RETURNED - N.S. REASON: OTHER REASON - IL Smart next steps please?

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  • SUMMONS RETURNED - N.S. REASON: OTHER REASON - IL Smart next steps please?


    Was the latest I got on the electronic docket from a lawyer that works for a bank. I have sent a DV and they sent a copy of last statement. I am in another state caring for a very sick loved one for an extended period of time.

    What does this mean please and what should be my next smart steps? thank you for your experience, tips, and most of all hope.

  • #2
    One could only tell in the correct context. Typically, in lawsuits, the plaintiff needs to serve the summons and complaint on everyone. For example, in a foreclosure lawsuit, they serve the homeowner, "unknown" tenants, "unknown" spouse, the homeowner's association, and any junior lienholders. If they are unable to serve the "unknown" tenant, because there is none, or the "unknown" spouse, because there is known, it comes back for that specific defendant as "summons returned" unserved.

    If you are the only one on the lawsuit, then they have some reason why they can't serve you. You would need to look at the return of service to tell the specific reason.

    I haven't been tracking your case/posts... so what is this for and what are you trying to avoid?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3

      I am the only one. 15k+ cc, I tried to settle with the OC for less than their 40% offer as i couldnt pay, they didnt even answer, now their lawyer is trying for 100%/


      • #4
        Originally posted by slvnomore View Post

        I am the only one. 15k+ cc, I tried to settle with the OC for less than their 40% offer as i couldnt pay, they didnt even answer, now their lawyer is trying for 100%/
        Sounds like it's time to do your BK pre-planning. While I fought my lawsuit, I spent down all my non-exempt funds on necessities and living expenses, and when the judgment finally came, there was nothing to garnish. Now, I will be filing BK this Friday, and they won't be seeing a dime!

        My advice is to do the same. Fight back every step of the way, and drag out the lawsuit as long as possible so you can spend down your non-exempt funds. Then, when the judgment comes, you file for Chapter 7, no asset, and the creditor and their a**hole law firm won't get a penny!


        • #5
          That sounds like good advice.

          In my case, Creditor 1 offered me 40%, i didnt have it. asked for better offer so i dont have to bk. they didnt answer. the
          they send a lawyer letter, I DV, they send lastest statement.
          then the lawyer files for 100% plus penalties. has been filed but not served NS.

          What can i do next?


          • #6
            How many other debts do you have?

            Is this debt $15,000?

            If it is, then it is probably worth filing bankruptcy over it.

            The next step would be deciding whether you feel like you can file pro se (by yourself), or whether you would rather hire a bankruptcy attorney to file bk for you.

            You can save thousands of dollars by filing pro se, and if your situation is not overly complicated, it should not be very difficult for you.

            It would be better if you file bk before they get a judgment against you.
            The world's simplest C & D Letter:
            "I demand that you cease and desist from any communication with me."
            Notice that I never actually mention or acknowledge the debt in my letter.


            • #7
              Thanks! I have about 75K total.
              I would file no asset bk but i have medical bills and ongoing sickness. scared to drop my one nuke so soon in medical battle.
              also I have a fantasy about a last ditch Low offer settlement that they are wiling to take, or i go bk 7, and they get nothing.
              Is that a very likely fantasy? they offered me 40% but i could not swing it.


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