lyric

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About lyric

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  1. I was wondering if anyone can share any laws that state what "sufficient" evidence is. I have a JDB who produced an affidavit (Midland) and what seems to be a photocopy of an account statement with my name on it. I know this is not sufficient evidence when we go to trial. Are there any case laws stating what sufficient evidence is in a trial with Midland Funding?
  2. Hello everyone, Spikey advised that I share the latest on this case to see if any of you can assist with your expertise: I got a leave of the court to file my motion to dismiss. No objections from opposing counsel, Blitt & Gaines. While I had my motion all ready with the notice ready to go, the judge advised me that he typically does not rule in favor of motions based on evidence of a contract. He just said he wanted me to know that. So he gave me 3 weeks to file my motion, two weeks for the opposing counsel to respond, a week later for me to reply and then mid February, he'll hear my motion. While I think I'm ready to file, my MTD first section The Complaint Fails To Establish The Existence Of A Contract which is exactly what the judge says he doesn't rule in favor of. I know I haven't posted the motion, but I see that my motion covers a little more than breach of contract. I have a section also mentions that " there must be a record detailing the date and circumstances of the request or application for credit. 15 U.S.C. § 1642. The plaintiff’s complaint includes none of these requirements." and sections 8-10 seems valid which is establishing a record that I had/used the alleged account through a transactional history or something. The judge says I can bring a motion before him that includes no contract, but he usually doesn't rule in favor of that. I want to be respectful of his advice and not waste his time, which he mentioned several time to other defendants that he hated. Currently, I have a combined 2-615/2-619 for MTD for The Complaint Fails To Establish The Existence Of A Contract and The Complaint Does Not Allege The Elements of Account Stated Spikey was hoping gwheelock could chime in.... What are your thoughts?
  3. Thank you! I got the motion and made edits. I have PM'd you my questions in red.
  4. Thanks Spikey. Another friend explained that this would be the route to go as well. Thank you for confirming this. I appreciate your input. I am PMing you now.
  5. Please excuse my novice (and lack of legal background)....in the complaint, they stated that the account was opened, defaulted, they bought it, and made due demand....wouldn't they just come back to me with these statements as the definite statement if I file a motion for more definite statement? Maybe I'm just not understanding where they should say...breach of contact, etc. in the complaint they sent me. I also apologize because of all the stuff I've read on this site, nothing mentions the more definite statement so I'm just a little confused at what happens after I file this motion. (i.e. they have 30 days to send me an updated complaint, etc.)
  6. Thank you. Since I'm new to all this, I read this definition of a motion for a more definitive statement: motion for more definite statement : a motion that is filed before an answer and that requests the court to order the plaintiff to clarify allegations in the complaint because the claims are so vague or ambiguous that an answer cannot reasonably be framed - See more at: http://dictionary.findlaw.com/definition/motion.html#sthash.3cZ1MQC2.dpuf Does the definion above mean that I should have filed this motion before my answer?
  7. Can you explain what you mean by "a more definitive statement'? Since a BOP is not valid in IL, is a motion to dismiss for lack of evidence appropriate?
  8. Sorry, I didn't file an affirmative defense, just an answer with my denial.
  9. This is small claims. 1. Who is suing you? Midland Funding LLC 2. For how much? $5,1XX.XX+ Costs 3. Who is the original creditor? Citibank 4. How do you know you are being sued? Got a summons 5. How were you served? Were you served? A process server handed me the summons at home. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 7. Where do you live? Will county, IL 8. When is the last time you paid on this account? No idea. 9. What is the status of your case (if anything has been opened)? Open Case 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. NO 12. Does your summons require a response? Yes. I answered and filed an affirmative defense. 13. What evidence did they send with the summons? An affidavit?Affidavit Complaint: Now comes the Plaintiff, and through its attorneys, Blitt & Gaines and complaining of the Defendants states as follows: 1. The Defendant opened an account with Citibank whereby Defendant could charge goods and services to their account and/or recieve cash advances. 2. The Defendants subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due of $5,XXX.XX 3. Plaintiff is the successor in interest of said account having purchased account in the regular course of business and in good faith and for valuable consideration. 4. Due demand has been made on the Defendants to pay this amount and the Defendant has failed to do so. Wherefore, Plaintiff prays for judgment against the Defendant in the amount of $5,XXX.XX plus court costs. Continued for Status Documents at court date. At continuance date, atty furnished: Credit card statement that showed billing cycle closing date, previous balance, finance charges, account balance (like a account statement that may have been sent to me). A percentage rate statement A certificate of conformity that does not have the account number or my name on it - I think this could have been used for anybody's account An affidavit of sale of account by original creditor that does not have the account number or my name on it A bill of sale and assignment that does not have the account number or my name on it What I would want them to provide: - A pattern that demonstrates that I entered into a contract or agreement for this debt with the original creditor - A full accounting of the debt from the account number of a signed agreement with the original creditor that proves that I used said account based on goods and purchases - A bill of sale of an account that was used by me with account numbers or pattern of use that validates was mine (not just a general one)
  10. Hello! I have been reading a lot here about court process after being served by Midland using Attys from Blitt & Gaines. My story: I was served here in IL and filed my answer and affirmative defense. At the court date, the atty pulled a group of people outside (I'm assuming to settle) and we didn't go before the judge. When he called my name, I told him I needed more information on the matter. He writes up a continuance form and I signed it. Two months later, we're back at court and he hands me a copied one sheet from a credit card statement and some signed documents that says Midland bought the account. He asked me what I wanted to do and I said I needed to review the information. He wrote up another continuance and set a court date for middle December. I have read about sending a burden of proof to demand the specific documents you want to request. But since I just met with this atty in the hallway, should I now sent a BOP? calawyer mentioned sending a motion to compel if they didn't provide the documents I requested, but I never requested in writing. Is it too late to do that? Is it a waste of time, or should I just file a motion to compel because the continuance form stated that the case was continued for "status documents?" I want to send a BOP, so that I have on record that they did not produce what I will ask for (I.e. A full accounting of the debt, etc), but I need a little guidance. My court date is middle of December about 35 days from now.