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inthesticks last won the day on February 17 2011

inthesticks had the most liked content!

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  1. So you call people who may or may not actually owe what you are harassing them about and you are surprised they aren't overjoyed to talk to you?
  2. I had an answer all ready for any mention of information found on the internet. I went to the Illinois Attorney Registration and Disciplinary Commission website and downloaded information about the plaintiff's attorney. If information found on the internet is not accurate does that mean the plaintiff's attorney doesn't really have a license? Didn't need to use it, though. It never came up.
  3. Texas Rules of Civil Procedure They have lumped everything together. Answering the complaint is different than answering the discovery questions. So the 50 days is the time you have to answer the disclosures, admissions, and production of documents. What I don't understand is that by Rule 99( c) they are supposed to give you 20 days to answer the complaint: Typically you file your answer to the court and send discovery requests to the plaintiff. Hopefully someone from Texas will be along.
  4. First, answer the questions from here it will help people help you. The court date you went to was the return date to answer the complaint. They wouldn't have the witness there for that, IF they have a witness show up it would be for trial. Now you need to start getting your defense together. A few places to start: 735 ILCS 5/ Code of Civil Procedure. Supreme Court Rules - Art. II (Rules 101-300) A few Illinois cases you might want to read: Portfolio Acquisitions, LLC v. Feltman, 909 NE 2d 876 - Ill: Appellate Court, 1st Dist., 3rd Div. 2009 - Google Scholar VELOCITY INVESTMENTS, LLC v. Alston, 922 NE 2d 538 - Ill: Appellate Court, 2nd Dist. 2010 - Google Scholar Cole Taylor Bank v. Corrigan In Illinois small claims discovery is only allowed with leave of court. You need to file a Request for Leave to Conduct Discovery.
  5. I would seriously have loved to be a fly on the wall watching that interaction LOL
  6. I feel for you. I love my little courthouse - ONE courtroom and the "security" is an old guy sitting at a card table next to one creaky old metal detector LOL. Is your next court date the actual trial or a status hearing? Have you filed request for leave to conduct discovery?
  7. Is this right? And you were just served now? Doesn't CA have a time limit that service must be done within a certain time after filing?
  8. Speedy Muffler King is an automotive repair chain. I believe if you financed repairs through them it was run by HSBC.
  9. Your insurance company should have a fraud department.
  10. Rule 222(g) Exclusion of Undisclosed Evidence. In addition to any other sanction the court may impose, the court shall exclude at trial any evidence offered by a party that was not timely disclosed as required by this rule, except by leave of court for good cause shown. What it does for you is that they can't use anything they don't disclose properly.
  11. They should file a Satisfaction of Judgment. They should be able to get the form for that from their Circuit Clerk's office. I don't understand about the refunds. Are they still garnishing his wages? Or has the garnishment stopped but they took too much? Probably a good idea to ask for an accounting (but they have the letters stating it's paid in full)
  12. Hm. This says "purchase". I wonder if the free credit report you are entitled to once a year is considered a "purchase".
  13. But that's exactly my point. Until he finds these things out he doesn't really know for sure what he's being sued for. I would still start with the insurance company. They look very dimly at providers billing for services they didn't render.
  14. What it means is that you didn't file a proper answer within the allotted time frame, and they are asking for a judgment because you didn't answer (Nihil Dicit means something along the order of "he said nothing"). You don't answer a lawsuit by sending a settlement offer. I don't know if there's anything you can do to fight off the SJ at this point. Hopefully others will chime in with suggestions.
  15. It depends on what your benefits are. Let's just say your policy has a $500 deductible and then covers 80%. Let's say your claim has 4 items on it: Line 1 $1000 Line 2 $350 Line 3 $100 Line 4 $200 Line 1 will apply $500 to deductible. Of the remaining $500 insurance will pay $400 and you will owe $100 coinsurance. Since your deductible is now met, line 2 will pay $280 and you would owe $70 coinsurance. Line 3: pays $80 leaves $20 coinsurance Line 4: pays $160 leaves $40 coinsurance At this point the hospital sends you a bill. You've already paid your $500 deductible so the bill they send you says you owe $230 (the total of the coinsurance). You look closer at your bill and realize they did not do the procedure on line 4. So you should only owe $30, right? Wrong. Look at line 4 again. You are only being billed $40 for line 4. The insurance company paid $160. Even if the hospital takes line 4 off, they would refund $160 to insurance and take $40 off of what you owe. At this point what you would really owe would be $190. To be able to argue this properly you need to know what was billed, what was allowed, and what insurance paid on each line. You also need the actual medical records from the visit.
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