Question:

Plz needs advice on the a sued?

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Received in-person a summons and complaint by the city of Chicago on Friday July 25 where I'm being sued by a debt collector, and my court day is on Aug. 06.. BUT I HAVE SPOKEN TO THE DEBT COLLECTOR ON THURSDAY 24 ABOUT A MONTHLY PAYMENT, THEY HAVE SENT A LETTER ABOUT AND I AGREE…BUT TO THE WHEN I TALKING TO THEM THEY DID'NT TOLD NOTHING ABOUT A LAWSUIT WAS COMING ON THE WAY. ONLY THAT I HAVE TO MAKE PLAYMENT ON THE 25 OF EACH MONTH. (THIS IS WHAT I DONT KNOW WHAT TO DO) I have no lees than 3 days to file a written answer to the court. What does that mean and what exactly do I need to do? AND ALLSO AFTER I RECEIVE THE LAWSUIT I CALL THEM UP AND ASK THEM WHY DID THEY HAD SEND A LAWSUIT IF WE HAVE AGREE TO MONTH PLAN AND THEY TOLD ME THAT WHEN I GOT BACK TO THEM IS WAS TO LATE TO HOLD ON THE LAWSUIT AND THAT THEY WE SEND A AGREEMEN LETTER THAT I HAVE TO SING AND THEN SEND IT BACK AND THEN THEY WILL SEND TO THE COURT AND THAT I DON’T HAVE TO GO TO COURT.. IS THIS TRUE OR WHAT CAN I DO?. Please help, and only serious answers. Thank-you for your help..

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  1. DO NOT take the word of a collection agent if he says they will "take care of the lawsuit"...and "You don't have to go to court"!.  

    If they don't take care of this, and you fail to appear, they will win a default judgment (which is what they want) and it will kill your credit.  They also will immediately go after your wages or bank accounts the second they have their judgment.

    File your answer with the court...this is EXTREMELY important.  Failure to do that will also get you a default judgment.

    On the date of the court hearing, show up!  Tell the judge you had an agreement with them and there is no need for a hearing.

    Another alternative is to file a motion to dismiss because you already have a settlement.

    Call your court and find out the exact procedure on doing this, as every court seems to have different rules and forms.  If you do not follow their procedures you will lose.


  2. I'm sure there was a time lag in between the summons and the conversation, but I would contact the collector and make sure that you're on the same page.

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