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
  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.
  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
  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 bou