What are my options for small claims against my credit card company?

A friend told me that I was listed as a failurr to appear, but i no longer live in or near the county and never received a summons to appear. I saw that I am scheduled for the next business day, but I cant request off of work in time. What do I do? I dont want to file bankruptcy but my credit is shot. I have no home or car, either

Asked on July 6, 2012 under Bankruptcy Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would call the representative for the credit card company presumably suing you to see if you can get the court matter continued to another date.

If that is an option, then you should call the court clerk to request the same explaining that you were never served with the summons and complaint and see what the result is.

Most likely the court clerk will advise you to show up at the hearing since he or she cannot unilaterally continue the matter.

You need to realize that a court hearing date is a serious matter and if you do not show up, even though you were not served with the summons and complaint, a default could be entered against you which you will then be forced to try and set aside resulting in more effort and work for you as well as more time away from work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.