Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I got summoned today over a credit card debt that I have already paid. About a year ago I agreed with the debt collectors to make monthly payments of $100 dollars a month, and their lawyers mailed me a paper which I had to sign and send back to them which stated if I agreed to make the payments on time each month they would not take me to court. I made all the payments on time and even paid the debt off early. Today a cop showed up to my house with a summons from Chase. Please help. Should I get an attorney? What could they possibly sue me over since I don’t owe them anything? I called the lawyer’s office and Chase credit cards and they said my balance was $0 dollars. I asked Chase and their lawyers to fax me the balance statement but they won’t. They said they sent it by mail and it could take up to 40 days. What is their deal? My court date is before that. They said they would fax me the balance in a couple of days and it is now over a week. This is in the Fourth Judicial Circuit in Illinois. Thank you.
There could be a number of things happening here. There could be an error in Chase’s debt collection system, or this could be a suit that was initiated before you finished paying off your debt. Regardless of what the issue is, you are not required to pay what you do not owe. If you have paid your debt in full, including any interest and fees, you will not have to pay additional money. Additionally, Chase is required to provide you with the documentation showing the outstanding balance they are claiming. If they do not provide you with that information prior to the hearing, they will have to provide it to you (and the court) at your hearing. An attorney will be able to look at your documentation, including your payment plan, and provide you with more specific advice. You may even be able to file a countersuit. At the very least, you need to read your summons very carefully and follow any instructions or deadlines. If the summons states you can file an answer, you must do so in order to avoid a default judgment. Again, an attorney can help you with this. If an attorney is not an option, call the courthouse to make sure you understand what is required of you.
