we filed bankruptcy, and was relieved of our debt through the circuit court of Will County Illinois. It was charged off by the company.
Later on another company bought the loan from them and then advised us that we still needed to pay the new company. We challenged this company stating that since it was relieved by the bankruptcy court, and also charged off to the company who originally had my loan, that we don't owe that money. they filed a summons for foreclosure, in which we responded, and then we were just served an alias summons stating the same things as the first summons.
my question is: Why did they do that, if we responded to the first summons, motioning the courts to relieve us of this debt?
Their 30 days to respond to our response would be up in 3 days, and no court appearance had been filed by them. do you think that they filed the alias summons to buy them time from their 30 day response?
Hi Sheila,
As far as I know alias summons are issued due to the following reasons:
Apart from these I am not aware of any other reason. Buying time might not be a reason.
I recieved a summons from capital one which I responded to within 30 days. This was in november since then Ive had no reply of any sort. How does the process work in the efforts of them getting a court date set. What would be their next step in continuing their proceedings. Do I just wait on a court date to be mailed out.
If the OP filed bankruptcy how can anyone buy that debt and demand payment. You would think that once the court relieved the debt no one else could pick it up and take it over.
You are right fireyone, once the debt is confined to a bankruptcy it can not be collected on, I would send a copy of the bankruptcy paperwork to the fools that bought the debt, they just bought a piece of ocean front property in arizona, LOL. They can not collect on this debt, does not mean they won't try though, again, the uninformed consumer may pay it, always good to have knowledge of how things work so that you don't get caught up in the collection trap.
You might be able to pursue damages against the JDB for violating the BK protection. If you had an attorney handle your BK, give him or her a call.
I did not see that part. Yes this is a violation. Debts discharged in Bankruptcy are not collectible.
That definately should be against the law. Once a debt is relieved through bankrupsy I don't think the person should have to keep dealing with the harassment. Are they even allowed to sell a debt that has been relieved?
Can't you contact the attorney that handled your bankruptcy and have them send a letter to the collection agencies that the debt was discharged through bankruptcy.
That would be an excellent idea. Most atty if they handled the bankruptsy should do this free of charge.
Alias Summons
Hi!
I have a couple of questions in regards to an alias summons. It was served to a friend of my fiance (at our home), in Cook County, IL. It looks like the collection company/their lawyers filed the paperwork. I want to know 1-are they able to give it to his friend? 2nd-what must be included in a "written apperance"? 3rd-Do we need an lawyer? (It is from an unpaid credit card, Bank of America-Amt $3006.00, which was bought out by the collection agencey) 4th-What does all this mean? I would like to thank you in advance for your assistance.
are they able to give it to his friend?
You can google your state's code of civil procedure to find out what constitutes proper service.
what must be included in a "written apperance"
Probably an answer; a blanket admission/denial of the claims alleged by the plaintiff, or a line-by-line version of the same.
Do we need an lawyer?
Lawyers are handy things to have, if you can afford them...but if it's a legitimate debt that is within the statute of limitations, there may not be much one can do for you. If you want look for one, naca.net is a good place to start. A paralegal may be of some assistance if you cannot afford an attorney and you do not qualify for legal aid.
What does all this mean?
An alias summons is like a copy of the original summons; the plaintiff may have attempted service of the original, but was not successful. If the plaintiff's suit is successful, a judgment will be recorded against you...per your state's laws, your wages or personal property can be garnished, a lien could be placed against real property, and the judgment will accrue interest at a rate specified by state law. Judgments are a pretty bad stain on a credit report, but they aren't the end of the world; even a judgment can be settled (you can also agree to pay in full, on the condition that the plaintiff will have the judgment voided, and thereby removed from your credit report).
Alias Summons
I became totally disabled January 2003. My only source of income for myself and child is from social security disability benefits. I have been served an alias summons on a credit card debt that I am to respond to in writing within 20 days. I was told to "agree or disagree" with the filed complaint (in writing). The complaint is correct but should I "agree" in the written response to the court and to the attorney of the debt collector? The debt is almost $4000. Thank you.
bankruptcy after judgement
if things do not go in my favor, i plan on filing a chapter 7. just wondering if it's legal to do so after the judge orders me to pay the credit card company along with any lawer fees.
Whether you qualify for a Chapter 7 or a Chapter 13 bankruptcy depends on the credit counseling program which you need to undergo within 180 days of filing bankruptcy. If you have a good source of income, you will not be able to file a Chapter 7 bankruptcy.
Yes, after you get a judgment on your outstanding debts, you can file a bankruptcy and once you file a bankruptcy, all your existing garnishment orders will cease to operate.
Alias Summons
If I never received a copy of the original summons and never received an alias summons how can I know when to go to court to answer the summons?
Hi Maxie
Your alias summons must contain instructions as to how to file a response to this. I think you need to send a response within 30 days from the date on which you receive it. You may add information about not receiving the original summon. The court or sheriff's office may send you as many alias summons as the plaintiff deems required.
Summons
What will be the result or worst that will happen if I do not appear to a summons. My economic situation is really bad. What can I do?
ALAIS SUMMONS
I had a judgement set aside in court using a Power of attorney for my friend. The Plaintiff is now trying to serve me an alais summons. The POA was only good for the court date and has since been revolked. Can I be served by the local sheriffs office.
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