JohnDeer

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About JohnDeer

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  1. Here's last years thread, I think I made a new thread to say that I'd won, which is why this one isn't updated: http://www.creditinfocenter.com/community/topic/322919-sued-by-pra-in-illinois-whats-the-next-step-some-questions/
  2. Thanks, I read it over several times and decided since I have such a short time to just leave it as is. I don't think the bill of sales is anything much more than what we had before anyway. Shellieh, yes a credit card. I'll look into arbitration. Thanks.
  3. I was sued for a second time by PRA after winning a dismissal last year. I have the motion for leave and motion to dismiss all ready, same as last time, however this time there is a bill of sale (with blocked out information "In consideration of a __________" and "Cuttof Date was ________", it doesn't really say much of anything and says it was sold without recourse or representation and has none of my info on it at all). I'm just not sure how/if that changes my motion to dismiss (attached). I go in tomorrow, so need help ASAP. Thanks! genericmtdNOINFO.pdf
  4. @gwheelock915 @Spikey Hey guys, my return date is coming up on Monday, I never did get anything in the mail from PRA (it looks like their deadline was end of May on the paper I have). Any idea what I can expect in this case? I'm hoping it means they'll just throw it out, no hassle.
  5. @Spikey Yeah it was filed instanter, she said they can't be filed together like that for amounts under maybe $10,000 (can't remember exact number). So what do you think I can expect the documents from their lawyers to be?
  6. Update on the case. Today was the return date, I went in about 20-30 mins late and waited for the judge to call my name, went in to the courtroom and their lawyer was there also but we didn't speak to each other. The judge asked me what the story was, I told her I'd filed a motion for leave with a motion to dismiss attached to it; she asked why so I told her failure to prove standing, lack of a contract and incompetent affidavit; she then said you can't file them at the same time on amounts under such and such amount (I think $10,000 but I'm not sure); then they set a trial date, which is set for a few months from now, and that I would be getting documents in the mail from their lawyers. The piece of paper I was given with the trial date on it has the section filled as if I had defaulted and that is then crossed out, I imagine they did that before I got there. Then it says that their lawyer is to provide documents to me before such and such date (which is a couple of weeks before the trial date). @Spikey @gwheelock915
  7. Update, I went in yesterday and filed my appearance, got my fee waiver accepted and filed the motions to be heard in a couple of weeks on the return date (they just had me fill in the same date/time as the return date so I guess they'll be heard at the same time). I'm preparing the paper work to mail off to their lawyer now, including the stamped motions & notice of motion and the fee waiver form, I understand that's all I need to include, correct? It was all pretty straight forward, thank you so much for helping me be so well prepared. I'll be back to pick your brains about what to expect at the next date. @Spikey @gwheelock915
  8. Here: It makes sense to have them ready, but how do I go about that without the necessary forms?
  9. @Spikey Excellent thank you for that! @gwheelock915 was saying the forms that are on the cook county website are outdated or not the right ones so to get them from the court house? Let me read back and see where that was.
  10. @gwheelock915 excellent thank you! So is the motion for leave something else I need to prepare now or will that be a form the clerk gives me at the time? It sounds like the appearance and fee waiver will be checked and approved real time so they'll tell me it's done then and there (with a wait, this is bureaucracy after all)? After that I'll tell them I'd like to file a motion for leave of the court to dismiss the case and then (here's where the motion for leave is, where is that coming from? Prepared beforehand or filled out there?) hand them both the motion for leave and the prepared motion for dismissal at the same time. Will I ask for them to approve it 'instanter' (noting these words down) verbally or will that be written on the motion? Is this happening in a civil court room with a judge or in a kind of waiting room situation (trying to get a visual)? Thank you so much for this, I really appreciate the advice and the help getting this sorted quickly. I really appreciate your patience with my questions too, I feel like I'm asking the same ones over and over but figure it's better to ask than wonder.
  11. Ok, so file appearance and then tell the clerk I'd like to request a leave of the court to file a motion for dismissal? Or will I end up in front of the judge for the appearance anyway and ask then? Sorry to ask the same question over and over, I just want to be prepared so I don't look clueless on the day.
  12. @Spikey I did indeed misunderstand what @gwheelock915 was saying, thanks for the clarification. So I'm going to ask the judge's permission to file the motion for dismissal when I go to file my appearance with him/her? And once I've gotten permission I give my prepared motion to the clerk when I go down to file my appearance after seeing the judge?
  13. Just checked the mail and got a letter from Blatt etc. law firm saying quote: "This law firm represents the above referenced client in that lawsuit regarding your outstanding obligation with them. We are offering you the opportunity to discuss your proposal for resolving the lawsuit. Please contact us at 1-866 (etc.) to discuss the resolution of this matter." @Spikey @gwheelock915