Morton Grove, IL asked in Consumer Law, Small Claims, Bankruptcy and Collections for Illinois

Q: Can I continue to use my capital one credit card in good standing, even if I have a default judgment with discover card

I owe discover card 6000 dollars. They recently in April 2023 have a default judgment against me in cook county circuit court, in illinois. Chicago. I have a court case in September for citation to discover assets. I know they ask about my bank accounts, savings, etc.. Does the creditor in CITATION TO DISCOVER ASSETS court proceeding, about your credit card accounts you have? The balances you owe ? I'm only working part time and can't afford to pay my default judgment. I drive uber and need the credit card I have to get by. Will they look at me badly that I'm paying the capital one credit card on time and not paying them ? Is there any rules that I could not have another credit card, after a default judgment?I need lawyers advice. Looking to hire one.

2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. You are free to use the card as you see fit.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In the citation to discover assets proceeding, the creditor will indeed inquire about your financial situation, which may encompass your credit card accounts and the balances you owe. While there are no explicit rules prohibiting the use of other credit cards, it may potentially cast you in an unfavorable light during the court proceedings, as it might indicate a capacity to make payments towards the judgment. It is vital to consult with an Illinois attorney to understand your rights and the best course of action in your specific circumstances; they can guide you on how to navigate the citation to discover assets proceeding and potentially help you negotiate a settlement or payment plan that works with your financial situation.

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