Clementine

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About Clementine

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    Illinois
  1. I have checked them. I want to know what an overdrawn bank account+fees qualifies as, is it a written contract, closed ended account or what? Same for a medical bill.
  2. I understand that I need to review the statutes of this state (IL) I was wondering what it is considered i.e. written contract, closed end account etc... And also, they weren't checks it was debits, he never wrote checks lol I don't even think he ever even had checks. Also anyone know what medical bills are? Written contracts or?
  3. I think it makes it alot harder for collectors to connect you to old debt. It makes it harder for them to verify that you are the same person. That's just my educated guess, not saying that it's right, but that's what I think.
  4. A little over 7 years ago my boyfriend overdrew his checking account in KY. He was unable to pay all the fees (something crazy like $30.00 a day) anyway, fast forward to today. He received a letter in the mail from a CA attempting to collect this debt. This debt has been sold at least once, since the original bank does not own it any longer. What is the statute of limitations on this in IL (I assume this is the one that counts now). I don't know if it is a written contract, promissory note etc.... If anyone knows I would love the answer. I plan on writing an SOL suck it letter if it is time-barred. Thanks in advance.
  5. So anyway, I talked to the Pro Bono law people today. I spoke with an attorney down at SIU Law, and she went over some of the stuff with me telling me that they were wrong about most of the stuff in their answer. She gave me the local number and I have to call them tomorrow and tell them that she referred me. This will be good I think. I don't mind doing most of it myself, but if they could have someone guide me (help with the legalese) I think I would learn alot and do it right, in case I ever have to do this again.(God forbid). I will let you all know how it goes, and let you all know what I learn, so maybe other Illinoisians can get some help.
  6. Anyone at all? Should i file for leave of court to file an ammended motion to dismiss? Any advice is greatly appreciated.
  7. Where does it state that I can file a motion to dismiss instead of an answer? I did this and the plaintiff's attorney responded and that was one of their biggies. Here is what they said. Also how long do I have to answer their answer? And what is my answer to their answer called? 1.Defendant filed a motion to dismiss pursuant to 735 ILCS 5/2-615. 2.Supreme Court Rule 287 provides that “no motion shall be filed in small claims case, without prior leave of court” except as provided in section 2-619. 3.Defendant was not given leave to file a 2-615 Motion to dismiss prior to filing the motion. 4.Further, Defendant has moved to dismiss Plaintiff's complaint alleging that it was filed based upon a written contract, and that said contract was not attached as required by 735 ILCS 5/2-606/ 5.Aside from the fact that Plaintiff's claim has not alleged that it is based on a written instrument, 735 ILCS 5/2-606 does not apply to small claims cases. 6.The rules governing small claims actions were designed to provide an expeditious, simplified, and inexpensive procedure for the handling of such claims. Toth V. England 348 III. App. 3D 378 (5th Dist. 2004). 7.It is not necessary to plead all the elements that are essential to state a cause of action in a small claims complaint. Id. Additionally, “in a small claims complaint it is not necessary to plead all of the elements which are essential to state a cause of action under section 33 of the Civil Practice Act. “Simmons V. Fox Valley Dodge, 16 III. App. 3D 197, 198 (2d. Dist. 1973). 8.If a complaint in a small claims action clearly notifies the defendant of the nature of the plaintiff's claims, it states a cause of action. Toth at 378. 9.Defendant in her motion to dismiss is applying the stricter standard of pleading reserved for cases where the amount in controversy is above 10,000 dollars that 735 ILCS 5/2-601 to 606 lays out. 10.In the instant case Supreme Court Rule 282 and its minimum notice standard is applicable. Plaintiff's small claims complaint has plead enough to clearly notify the defendant of the nature of the plaintiff's claim. Specifically, that Defendant owes Plaintiff 3xxx.xx on a Capital One Bank Credit Card. 11.Defendant's Motion to Dismiss is improper under Illinois law and should be denied. Wherefore the Plaintiff prays that this court: 1.Deny the defendant's Motion to Dismiss 2.Enter a judgement in favor of the Plaintiff and against the Defendant in the amount of $3565.16 plus costs. 3.Award all other relief that it deems reasonable and just.
  8. I don't live in Cook County. There is a self-help center here, they can't give advice though. They have access to the internet! So do I! lol. It's just forms and stuff. I was told that if my motion fell under 2-619 I wouldn't have to ask for leave. And it actually says that in Il Supreme Court Rules as well. So I am going to have to re-read. Also, anyone know how long I have to answer this thing? Thanks.
  9. So anyway, they answered pretty quickly. Apparently they sent this on the 4th of April. I did not receive it until the other day (b/f got the mail and stuck it in a pile of his junk, I just happened to look on the circuit clerks website and saw they responded and went looking through everything in the house, and found it.) So anyway here is what they had to say. I really need some help with answering this. But basically they are saying I didn't file this correctly and that they don't have to show proof! lol. Anyway, I think that is what they are saying. So anyone who can help with this I would appreciate it. 1.Defendant filed a motion to dismiss pursuant to 735 ILCS 5/2-615. 2.Supreme Court Rule 287 provides that “no motion shall be filed in small claims case, without prior leave of court” except as provided in section 2-619. 3.Defendant was not given leave to file a 2-615 Motion to dismiss prior to filing the motion. 4.Further, Defendant has moved to dismiss Plaintiff's complaint alleging that it was filed based upon a written contract, and that said contract was not attached as required by 735 ILCS 5/2-606/ 5.Aside from the fact that Plaintiff's claim has not alleged that it is based on a written instrument, 735 ILCS 5/2-606 does not apply to small claims cases. 6.The rules governing small claims actions were designed to provide an expeditious, simplified, and inexpensive procedure for the handling of such claims. Toth V. England 348 III. App. 3D 378 (5th Dist. 2004). 7.It is not necessary to plead all the elements that are essential to state a cause of action in a small claims complaint. Id. Additionally, “in a small claims complaint it is not necessary to plead all of the elements which are essential to state a cause of action under section 33 of the Civil Practice Act. “Simmons V. Fox Valley Dodge, 16 III. App. 3D 197, 198 (2d. Dist. 1973). 8.If a complaint in a small claims action clearly notifies the defendant of the nature of the plaintiff's claims, it states a cause of action. Toth at 378. 9.Defendant in her motion to dismiss is applying the stricter standard of pleading reserved for cases where the amount in controversy is above 10,000 dollars that 735 ILCS 5/2-601 to 606 lays out. 10.In the instant case Supreme Court Rule 282 and its minimum notice standard is applicable. Plaintiff's small claims complaint has plead enough to clearly notify the defendant of the nature of the plaintiff's claim. Specifically, that Defendant owes Plaintiff 3565.16 on a Capital One Bank Credit Card. 11.Defendant's Motion to Dismiss is improper under Illinois law and should be denied. Wherefore the Plaintiff prays that this court: 1.Deny the defendant's Motion to Dismiss 2.Enter a judgement in favor of the Plaintiff and against the Defendant in the amount of $3xxx.xx plus costs. 3.Award all other relief that it deems reasonable and just.
  10. My first court date, they just told me to say "admit" or "deny". I denied. Last week I filed a motion to dismiss, the hearing for that is in a couple of weeks. You do not have to file a written answer in Illinois unless you want, my answer was my motion to dismiss, if it doesn't get dismissed, then I will answer before trial. As far as saying their client is Equable, that is not illegal, if that is who bought the account from chase and hired blatt et al. to represent. Although blatt is on alot of jdb payrolls I don't see anything wrong with it. As far as my motion to dismiss I plagerized the crap out of it and added CCCR Partners V. Mohammad Shah to it. But if you got the letter, they are going to really sue you, they can't threaten to, if they put it out there they legally have to do it. So they're probably just getting ready to serve you now. It will take a while, but time is good for you because you don't know what you're doing. It was about 3 weeks before I sent my motion to dismiss, and the lawyer hadn't even set a trial date yet (his job). So he may have just let it hang in limbo for forever just waiting, so they must not be too concerned. But I still havn't sent him the document telling him when and where for the hearing on the dismissal. I'm waiting until the last minute I legally can because I don't want to give him time to gather anything (he should have had it before he sued me). I'll let you know how everything goes though.
  11. I'm glad to see another illinoisian. How did your case go? File anything specific, or is it still going on? Was yours OC or JDB? I'm so worried I am going to do something procedurally wrong and lose that way.
  12. Yeah, I'm trying to decipher if my situation fits under 2-619 2-1001. On the fee schedule it list Motions---$61 so I assume that applies to me.