risenup

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  1. In addition to locating docs w/ "Paperman's" signatures for comparison, you may need a subs to Pacer for this case &/or file a request for her to appear incl. all witness that pertain to ea chain of title. 11-334 - Henggeler v. Brumbaugh&Quandahl, P.C., LLO et www.gpo.gov/fdsys/...8.../USCOURTS-ned-8_11-cv-00334-2.pdf File Format: PDF/Adobe Acrobat - Quick View (see pdf link below) Mar 7, 2012 – In support of its Motion to Stay, Midland proffered the affidavits of three individuals: Christina Paperman (“Paperman”), Kyle Hannan (“Hannan”) ... http://docs.justia.com/cases/federal/district-courts/nebraska/nedce/8:2011cv00334/56924/53/0.pdf?1331218652 Folks may wish to read this: "Encore Capital Group (NASDAQ:ECPG) dba Midland Funding LLC, Affidavit filed in United States Sixth Circuit Court of Appeals detailing vast violations of the FDCPA and wholesale violations of attorney ethical guidelines, Encore Capital involuntary chapter 7 bankruptcy petition being drafted Encore Capital Group - Midland Funding has concentrated exhaustively on profits without regard for acting within the constraints of the law. A result is the authoring of an involuntary Chapter 7 bankruptcy petition against Encore with creditors owed over one Trillion Dollars in FDCPA damages." Encore Capital Group (NASDAQ:ECPG) dba Midland Funding LLC, Affidavit filed in United States Sixth Circuit Court of Appeals detailing vast violations of the FDCPA and wholesale violations of attorney ethical guidelines, Encore Capital involuntary cha
  2. ILLINOIS Appellate Court VACATES Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions The Illinois Appellate Court, First District, recently reversed a lower court's denial of a petition to vacate a collection judgment after trial where the debtor failed to answer or appear, based upon the collection agency's alleged failure to comply with the account assignment requirements under Section 8b of the Illinois Collection Agency Act. The Court ruled that the debtor's meritorious defense to the collection claim was "more important" than whether the debtor exercised the due diligence required by the Illinois Code of Civil Procedure. Article src: Consumer Lending Law Developments: FYI: Ill App Ct Vacates Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions CAVALRY PORTFOLIO SERVICES v. GERARDO ROCHA - A copy of the opinion is available at: http://www.state.il.us/court/Opinion...ct/1111690.pdf
  3. ILLINOIS Appellate Court VACATES Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions (10/22/12) The Illinois Appellate Court, First District, recently reversed a lower court's denial of a petition to vacate a collection judgment after trial where the debtor failed to answer or appear, based upon the collection agency's alleged failure to comply with the account assignment requirements under Section 8b of the Illinois Collection Agency Act. The Court ruled that the debtor's meritorious defense to the collection claim was "more important" than whether the debtor exercised the due diligence required by the Illinois Code of Civil Procedure. (article src: Consumer Lending Law Developments: FYI: Ill App Ct Vacates Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions ) CAVALRY PORTFOLIO SERVICES v. GERARDO ROCHA - A copy of the opinion is available at: http://www.state.il.us/court/Opinions/AppellateCourt/2012/1stDistrict/1111690.pdf
  4. Congratulations LadyHunter!! Way to Go!! Had two cases dismissed myself. Now AA is after me. Will enjoy purchasing and reading your book!
  5. Contact the clerk with the court where the case related to you was filed to get the information on the change of venue process, the clerk should be able to provide/direct you to the proper form you need to file. You must do so w/in 30 days of receiving the summons. DeKalb County Circuit Clerk Maureen A. Josh - Circuit Clerk Courthouse 133 West State Street, Sycamore, IL 60178 Hours: 8:30 A.M. - 4:30 P.M. (815) 895-7138 FAX: (815) 895-7140 mjosh@dekalbcounty.org --- Add’l links you & others in DeKalb County, IL may find helpful: All Court forms for Dekalb County: Court Forms http://www.circuitclerk.org/Civil/SMALLCLAIMSBOOKLET.pdf Sixteenth Judicial Circuit - Kane, Kendall, & DeKalb Counties: Local Court Rules ---- Circuit Clerk Maureen Josh announced the opening of a new online legal self-help center for residents of DeKalb County today. The new center will be accessible from any computer connected to the internet 24/7 at Legal Self-Help Center: DeKalb County, Illinois (Legal Self-Help Center: DeKalb County, Illinois ) ---- * 735*ILCS*5/*Code of Civil Procedure. (735 ILCS 5/2 104) (from Ch. 110, par. 2 104) Sec. 2 104. Wrong venue Waiver Motion to transfer. (a) No order or judgment is void because rendered in the wrong venue, except in case of judgment by confession as provided in subsection © of Section 2 1301 of this Act. No action shall abate or be dismissed because commenced in the wrong venue if there is a proper venue to which the cause may be transferred. ( All objections of improper venue are waived by a defendant unless a motion to transfer to a proper venue is made by the defendant on or before the date upon which he or she is required to appear or within any further time that may be granted him or her to answer or move with respect to the complaint, except that if a defendant upon whose residence venue depends is dismissed upon motion of plaintiff, a remaining defendant may promptly move for transfer as though the dismissed defendant had not been a party. © Motions for transfer to a proper venue may be supported and opposed by affidavit. In determining issues of fact raised by affidavits, any competent evidence adduced by the parties shall also be considered. The determination of any issue of fact in connection with a motion to transfer does not constitute a determination of the merits of the case or any aspect thereof. (Source: P.A. 83 707.) ---- County of DeKalb Illinois Official Government WebPage Forms and Publications __________ I'm not a lawyer, so in all legal matters, it is advisable to seek the advice of a professional. All posts are just my opinion.
  6. Listing of attorneys, lawyers and paralegals by state who handle debt and credit lawsuits on behalf of consumers Debt and Credit Attorneys and Lawyers by state Combs/Edelman IL office is listed along w/several others and they also take on FDCPA and other consumer protection cases in IN, WI and elsewhere.
  7. Just saw your post. Here's a law firm that seems to have been a real advocate for consumers. Illinois Debt Collection Attorneys | Are you Being Sued by a Debt Buyer? Worth a review in my opi: http://www.edcombs.com/CM/Custom/collection.defense.1-2008.pdf Here's an updated link for 2011 http://www.edcombs.com/CM/Custom/9art.new.pdfhttp://www.edcombs.com/CM/Custom/9art.new.pdf Add'l resources they list: News - Law Firm Edelman, Combs, Latturner & Goodwin, LLC Attorneys Chicago, Illinois _______________ I'm not a lawyer, so in all legal matters, it is advisable to seek the advice of a professional. All posts are just my opinion.
  8. Even if you admit you "applied or opened" a credit acct* w/whomever...follow that statement up with that the plaintiff has not proven that this is a valid debt nor that this particular debt is mine. *You don't want to appear as a liar to the judge, esp. if acct stmts, cxld cks...admissible or not as evidence, is presented. --- Disclaimer: I am not a lawyer. This post does not constitute legal advice & is for informational purposes only.
  9. On my appearance date I entered my MTD w/prejudice, the judge gave the JDB-Plaintiff xx days to answer; I was given xx days to answer anything they filed. Hearing date was set on appearance date & Judge gave me x days to file w/the court my answer/response to Plaintiff. The plaintiff did not answer the MTD and the hearing date is coming up fast. Since there was nothing for me to answer to, I'm trying to figure out my next step. Do I simply show up at the hearing with a copy of the MTD filed stamped along w/a MTD order ready for the Judge? OR Do I need to file something with the court advising that plaintiff failed to provide an answer to the MTD and attached the MTD w/the order? I made no counterclaims & I'm fine w/that. I have research IL Civil Rules of Procedure and the threads, but am unable to find the next step. Thank you in advance for sharing your insight. Special thanks to HobbesMG for the heads up on Collection Agency Act (225 ILCS 425/8b (West 2008)
  10. On my appearance date I entered my MTD w/prejudice w/the judge right after he was about to schedule the trial date. My MTD was my answer. My MTD included what HobbesMG suggested below & included their failure to comply with - Illinois Supreme Court Rule 191 regarding affidavits along w/a case to support it - Illinois Code of Civil Procedure Rule 2-615 to strike the affidavit and dismiss the complaint The Plaintiff was given X # days to answer, they didn't. I've verified that I simply need to show up w/order in hand. Special thanks to HobbesMG for the heads up on Collection Agency Act (225 ILCS 425/8b (West 2008)