Summary
User, Carolyn, was served with a summons for a credit card lawsuit from Capital One and Midland collection agency, represented by Kohn Law Firm. The lawsuit amount is $5586.36. Carolyn, on SSDI, was offered a payment arrangement of $127 per month for 48 months, totaling $6096.00, including a court fee of $509.00. She was advised to file an appearance within 30 days of being served, to wait for a written agreement before making any payments, and to request a detailed breakdown of the court fee. She was also informed that its generally advisable to attend the court date unless officially notified otherwise.Full Conversation
was served on oct 5th with summons for credit card lawsuit
Who is the credit card company that is suing you, Carolyn?
capital one and the collection agency is midland and there lawyer is Kohn
What is the amount you're being sued for, Carolyn?
$*.*
What is your current financial situation, Carolyn? Are you able to pay the debt or are you considering bankruptcy?
on SSDI I did reach out to Kohn law firm and they said a payment arrangement for $*.* a month for 48 months
What is the interest rate on the payment arrangement?
In Illinois, the statute of limitations for credit card debt is 5 years. If you can't pay, consider consulting a bankruptcy attorney.
if I settle for this payment arrangements do I
need to appear in court?
do I still need to file an appearance?
Yes, you should file an appearance to protect your rights. In Illinois, it's required within 30 days of being served. The nearest court is Cook County Circuit Court, (*) *-*.
Kohn said that they will send the motion to dismiss or drop the case and paper work to me but want $* this month should I wait for paperwork before making the payment and they said that on the day of court appearance */* is when they will inform judge that I am on payment plan
Did Kohn Law Firm provide a written agreement for this payment plan? It's important to have all agreements in writing for your protection.
they said will provide it by next Friday and that it has to drafted.
What is the date today? It's important to know how many days are left before the court appearance.
*/*/*
Have you received any written communication from Kohn Law Firm yet?
Explanation: It's crucial to have a written agreement before making any payments. Also, remember to file an appearance within 30 days of being served.
I will file the appearance tomorrow and I haven’t received anything from Kohn in writing yet
What is the exact amount they are asking for the first payment? In Illinois, it's crucial to have a written agreement before making any payments.
$*.*
What is the total amount you would be paying after 48 months according to the payment plan?
$*.*
What is the total amount you would be paying after 48 months according to the payment plan?
$*.* which includes there court fee
What is the court fee included in the total amount? In Illinois, court fees vary depending on the case type and county. Cook County Circuit Court can provide specific fee information at (*) *-*.
$*.*
What is the breakdown of the court fee? In Illinois, court fees can include filing fees, motion fees, and other costs.
i don’t know
That's okay, Carolyn. You can ask Kohn Law Firm for a detailed breakdown of the court fee. It's important to understand all charges you're paying.
so I need to file appearance, wait for paperwork from Kohn law firm before I send $*.* and ask for breakdown of fees from Kohn law firm
Yes, Carolyn. It's crucial to understand all the fees and have a written agreement before making any payments. Do you have any other questions about this process?
once I get everything situated do I still go to court on */*
Yes, Carolyn. Even if you have everything situated, it's generally advisable to attend the court date unless you receive official notice that it's no longer necessary.
ok thank you so much
You're welcome, Carolyn. If you have any more questions in the future, feel free to ask. Good luck with your case.
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