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NaughtyJDBtease last won the day on July 23 2016

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  1. They can't and won't prove assignment. Pound them with assignment; that was my 615. It's under 2-403. They HAVE to show it, if you demand. It will be redacted, and assailable. An affidavit will not suffice for pleading, but they can show a blasé Bill Of Sale. It won't do at trial, and they need someone from the O.C. to lay foundation. No, they were not willing to dismiss easily. It was like a staring contest; they want you to tire of this endeavor and settle to not miss work. And they thought I'd be grateful for a Non-Suit when they felt I had proved my defiance. I wasn't, and got my finding. Case Fucking Closed.
  2. They violated by suing after failing to respond to a D.V. If I had filed that 619 they would have scared up an affidavit. I just waited until they filed their discovery and then sent mine at the last minute. I out lawyered them. It's off the CR; Mission Accomplished.
  3. Yeah, but it was dicey. I can't charge for my own time; and it would have hardened their resolve had I countersued. Better to get the finding, and then sue.
  4. I don't bring Federal issues to State Court. I sue in Federal Court, where the loser pays the burden of legal fees. It was my threat during pre-trial; when he tried to play used car salesman. I told the lawyer this ends in the Northern District when I filed my MTD and demanded standard Motion Practice, and he put his head on the table and asked what I wanted. After that, I was rather quiet in front of the Judge. Until trial. He didn't Notice me his Motion. They're used to running the courtroom. Great Judge; he wouldn't have it. As for the 286; if the OPC wants it, object. It's opposing counsel; it can't possibly be in your favor. Assignee. They can't enter that into evidence without a competent witness from the alleged original creditor, and everyone else on the forward flow. Natch.
  5. I believe it's about time this was posted. Kept a low profile while the case was on; didn't want to show my hand. It comes down to nerve. J.D.B. C.A. think they run the courtroom. It's up to you to say otherwise. Trial date, today. Came in Bird's up. Lawyer: My client no longer wishes to pursue this; we're moving to dismiss. Me: With prejudice? And you'll pay the $1k FDCPA fine? ... L: No, but we offer prejudice if you'll agree to no further claims. Me: No L: Whatever happens, there's no trial today. At the Bench Judge: Plaintiff is allowed to non-suit all the way up to trial. Do you have any objections? Me: Objection, I'm prepared for trial. J: Objection sustained L: We'd like to introduce a telephonic witness. Me: Objection J: Sustained. Trial is at 10:30 sharp. L: We'd like to move under Supreme Court Rule 286 to relax the rules of evidence. J: They are asking to invoke Supreme Court Rule 286. Anyone in the courtroom might ask that. Do you have any objections? Me: I understand that rule is intended to protect people with no knowledge of the Law, but hearsay is a fundamental part of the law... J: Do you object? Me: Defense objects. J: (to attorney) You're a lawyer; a very good one. I sustain the objection. J: Call your first witness L: We call defendant What followed was repeated objections by defense. Mostly Hearsay. And repeated protests from OPC that he was not prepared for trial. L: We'd like to introduce these statements as evidence. Me: Objection, hearsay. L: Business Records exemption J: Do you have a competent witness? L: No J: Sustained. L: Plaintiff rests. Me: I call the attorney to the stand. J: You can't do that. Me: Anyone in the courtroom; how do I introduce my evidence? J: Do you want to file a motion? Me: Yes, Motion to dismiss for lack of evidence. J: You're asking for a directed finding? Me: How do I present my evidence? Yes. L: I'd like to call in to question the witness (Me). I feel like we have established proof beyond the preponderance of the evidence. J: No assignment was entered into evidence. Directed finding in favor of defense.
  6. Final Status: They bailed. Off the credit report, the debt dies with them and the check showed up yesterday. Thank you all.
  7. I'm sure she's no "legal specialist." It's just her title for her $10 an hour Robo-signing position. Feel free to google her and find out if she's also a Notary. The affidavit is junk if challenged; she's not relevant.
  8. Also, some consumer attorneys take the case for free if they have sufficient F.D.C.P.A. complaints. I also beat mine pro se with a M.T.D. last December and then I dropped everything I had off at my lawyer's office the next business day. They caved two weeks ago, are off my credit report and I'm just waiting on my $1k check for them filing without chain of assignment. Make sure to send everything CMRRR to establish timelines, and talk to no one on the phone.
  9. I'm pretty sure it isn't necessary to file an answer in an Illinois small claims court. Just filing an appearance serves as a general denial. You will need to do that to file any motions, so get that out of the way before your court date. There will be a fee. From the looks of the complaint you'll probably be filing a Motion to Strike and to dismiss, that's what I did. I wish I could mention people, but it doesn't seem to work. Definitely get spikey and gwheelock's advice. They helped me.
  10. @Sickofthem You need to start your own thread. People who would look to help you won't be looking on this one. And once you pay a JDB, they will come back. I would talk to a consumer attorney.
  11. So just a quick update as an appreciation for everyone that helped and for anyone that might look now. I took my case to a consumer attorney and they filed in Federal Court for FDCPA violations and we received an offer for around $5k, off my credit report and debt forgiveness. The problem is it's under what my attorneys spent to bring this to court, and I promised to bleed them for every dollar. So I'm not doing it until they pay full price.
  12. I don't know how it works in Michigan, but in Illinois you must file an answer to do anything. For small claims, you just pay the fee and it's considered a general denial. An Answer basically means you are present and accounted for. Way too early for M.S.J. You haven't done any discovery, the Judge will likely be nice but deny you. Check around for Michigan posters and get their opinion,; but I'd say you file an answer and an MTD at the same time. I don't know how to paste, but there are questions that need to be answered that are pinned to this forum. Who suing you, what is the S.O.L. etc. etc. Post that and the answers for more help.
  13. Why can't I @mention anyone? *sigh* Spikey I was thinking more along the lines that Midland A.K.A. Asset A.K.A. Encore Capital probably doesn't have the written instrument or any documentation whatsoever; especially since it does not appear that the O.P.'s mother validated beforehand. They love that, and spend as little as possible to prepare. Why bother, when you don't think anyone will show up? Since it's Midland, I assume the attorneys are F.F.@G, and they only go to court for an ex parte default or a garnishment order. If anyone shows teeth, they vanish. It's just not in their business model. As you have said before, it's pretty easy to cure a 2-619 MTD for failure to prove chain of assignment under 2-403 for pleading purposes. They just need that Bill of Sale that claims they purchased 40K accounts on this day. Trial is entirely different, they need a warm body with Personal Knowledge. If it's the standard Encore Complaint, we know there's basically just a Bill of Particulars and a robosigned affidavit. Since the O.P.s mother seems a little nervous and might be too shaky for a trial, and if it's possible, fire off a 615 for failure to provide the written instrument. Or is that what you tried with the other poster you were helping? I'm just throwing ideas out; you would know better than myself if it's possible. That's why I always ask you and gwheelock first. You're All-Stars. =)
  14. I agree. Get the Complaint. If it lacks chain of title (assignment), then your mother should have FDCPA counterclaims. That might shake them off in Small Claims. We can't know for sure until you post the vitals, they're listed in the forum but I have no idea how to repost them. Who's suing, how much etc....The Judge in Dupage SC is very fair, any ideas about how to get a continuance for lack of service? Can she file a motion in limine? Then if the complaint is deficient she can file a Motion to Dismiss. If it's a JDB it almost certainly is. I defer to Spikey and Gwheelock in these situations, as they are our resident Illinois scholars and helped me win my case. Spikey the Judge in Dupage sets the timeline for evidence to be mailed from both parties about ten days out from trial. He absolutely won't accept it otherwise.