Judgment by default??????
Date: Thu, 03/08/2007 - 21:08
On Feb 20th or about I was on a circuit court website (I was checking out a guy that my gf wanted to date to see if his divorce was final, single chicks do weird things) I pumped in my last name for kicks and bingo I found out I had a court date to discover my assests from a group called Resurgence in Northbrook IL. Apparently they have been chasing me since 05. Until recently I had no clue. They sent out severs to every address I have lived at over the last 15 years. Apparently one of my brothers accepted the summons at my fathers house. I am estranged from this guy and have been for years. So lovely I missed a court date.
I run down to the PD office and file a motion to squash as I had no idea this was going on and I am currently unemployed and well frankly live very frugal. I tried contacting NACA and pro bono people but they told me to prove myself judgment proof. I want to be judgment free. This cant be legal. Resurgence lawyers re-set a court date from 3/2 to 3/23. Kind of em eh?
I contacted the CRA's and only one of them has send me a report thus far. The other 2 feel I need more info to prove I am me. When I did get my CR I am floored. There is a ton of crap on it all about to fall off in the next year. MY BROTHERS SS# is on there as well has his now deceased wife's initial, his company (that I have never worked for) and all this stuff I have no idea what it is.
As far as I can tell Resurgence bought this debit from First Bank who got it from Chase (the partial account number is close) This Chase debit had a 30 late payment in Nov of 2001. If that is true the SOL as far as I can tell is run out. I say as far as I can tell because as much as I have looked to confirm the SOL on the State's Attorney website for IL I can not find squat. The PD did not know the lawyers I talked to don't know it's a big secret. I emailed the SA and have been waiting.
Ok here are my questions. I don't think this debit is mine. Since they have this default judgment what kind of letter do I send them demanding proof? Where can I get some solid answer of the SOL anyhow? What the heck do I say to the judge when I go to court for the squash? I am sorry if this is all over the place but frankly I am a wreck. I just do not understand why Resurgence did not send a certified notice to my PO BOX. My last address on my credit report is my PO Box and that is fine I did not want my brother to find me. Oh and also Resurgence does not appear on the one credit report I have.
I just do not understand how I can be in default of something I knew nothing about.
HELP if you can.
If you weren't properly served, you should be able to have the j
If you weren't properly served, you should be able to have the judgment quashed (i think the term would be vacated). If the PD is of no help, perhaps you could try legal aid (don't know if that's what you meant by pro bono), and if that doesn't work, look for a paralegal (from a bar certified school).
Illinois SOL is 5 years on a credit card...they would have had to file in court prior to Nov. xx, 2006, and it is possible that they did; I'm thinking this will not be your defense.
After a judgement has been issued, I almost think you have to prove that it's not your debt, not the other way around...I'm sure you'll get more answers, though.
I can't see how trying to show you are execution proof will matter when a judgement is good for 20 years in IL.
