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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9749
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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WHAT HAPPENS IF ONE DOES NOT HONOR AS SUMMONS BAD DEBT

Customer Question

WHAT HAPPENS IF ONE DOES NOT HONOR AS SUMMONS FOR A BAD DEBT
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Can you please explain further? Did you receive a summons for a debt collection lawsuit?

Customer: replied 1 year ago.
I am planning to take a debtor to court and have never done that before. I expect them not to show. will the judge go after them or will he rule in my favor without the debtor present.
Expert:  LegalGems replied 1 year ago.

Thank you for that; if the creditor files the lawsuit and properly serves the defendant (debtor) and the defendant fails to respond, the judge typically issues a default judgment- which pretty much awards the plaintiff the damages requested in the petition, (so long as it is within the proscriptions of the law). Essentially a non appearance indicates to the judge that the party is not contesting the action so the plaintiff wins via the default judgment process.

Expert:  LegalGems replied 1 year ago.

There is additional information here on the overall process: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=6885

Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

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