What will happen if I do not respond to a civil case brought by a credit card company?
Full Question:
Answer:
If have been served with a civil action, you have time to appear in the court and respond to the claims made against you. If you fail to respond in the case, it is possible for the court to enter a default judgment against you.
In an action to collect money, the Illinois Rules of Civil Procedure explain how a response is to be made:
Rule 181(b)(1)(b) When Summons Requires Appearance on Specified Day.
(1) Actions for Money. Unless the "Notice to Defendant" (see Rule 101(b)) provides otherwise, an appearance in a civil action for money in which the summons requires appearance on a specified day may be made by appearing in person or by attorney at the time and place specified in the summons and making the appearance known to the court, or before the time specified for appearance by filing a written appearance, answer, or motion, in person or by attorney. The written appearance, answer, or motion shall state with particularity the address where service of notice or papers may be made upon the party or attorney so appearing. When a defendant appears in open court, the court shall require him to enter an appearance in writing. When an appearance is made in writing otherwise than by filing an answer or motion, the defendant shall be allowed 10 days after the day for appearance within which to file an answer or motion, unless the court, by rule or order, otherwise directs.
(2) Forcible Detainer Actions. In actions for forcible detainer (see Rule 101(b)), the defendant must appear at the time and place specified in the summons. If the defendant appears, he or she need not file an answer unless ordered by the court; and when no answer is ordered, the allegations of the complaint will be deemed denied, and any defense may be proved as if it were specifically pleaded.
(3) Small Claims. Appearances in small claims (actions for money not in excess of $5,000 $10,000) are governed by Rule 286.
If you fail to respond and a default judgment is entered, it is possible to have it reopened. You have the right to ask the court to "vacate" (remove) the judgment and give you your day in court. To have a default judgment against you removed, you have to file a Motion to Vacate within (30) thirty days of the date the judgment was entered against you. There typically is a fee associated with this filing.
A judgment issued by the Circuit Court of the State of Illinois generally may be enforced for a period of 7 years, and renewed if an action for revival is brought within twenty (20) years after the date of entry. The judgment can become a lien on a debtor's real property for up to 7 years (plus 7 additional years if extended).
The judgment may also be enforced against a judgment debtor's non-exempt personal property upon the issuance of a writ of execution at any time during the life of the judgment. Wages may also be garnished, but the amount which may be withheld cannot exceed the lesser of 15% of gross amount paid for that week, or such amount of disposable income in excess of 45 times the Federal minimum hourly wage.
