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Hello,
I have a pressing question regarding procedure in Small Claims Court in Cook County,IL Could you please offer your assistance. I have posted my questions in the forum . Basically I filed an apppearance before the return date which was in late July 2016. My case is now set for a status call middle of next week (8/17/2016) Is it too late for me to file a 2-615 motion with the clerk of the court along with a motion for leave ? My understanding is that the judge may "try" the case on the status call date. Is there any way to delay this? Thank you in advanxce for your help!
Best Regards,
FLPR
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ONE LAST QUESTION for you gwheelock - Did you have to attach a copy of the verified complaint to your MTD ? In a couple of places on the internet they mention that any MTD should includeit in which case I'll have my Motion for Leave (prepared and typed even though I will be asking verbally just in case) then attach my 2-615 MTD with a COMPLETE copy of the verified complaint attached then seperately I'll have an "Order" ready for the judge to sign (if he will) so that the Clerk's office will let me file the MTD instanter.
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How did things go? Sorry I didn't get back to you.
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gwheelock:
Thanks so much for taking the time to ask! Before anything else, I wanted to let you know I came across your posts here and on debtorboards (where I am a "lurker") from late last week. YOUR POSTS AND ASSISTANCE that you provided to me and others ARE A GREAT SERVICE TO MYSELF AND OTHERS NO DOUBT ABOUT IT! When legal aid groups whose very charter's state that they exist to help those in need with legal problems were basically telling me to get lost OR OUTRIGHT sayting inn one instance they would provide NO ASSISTANCE even though I qualify, it was YOU and one other person who cared enough to help THANK YOU VERY MUCH - it meant alot to me going into court that I had someone "on my side".
As far as my court appearance, well it went. On the bright side I was able to convince the judge to aloow me to file my -615 MTD instanter. On the negative side, the judge, while being courteous and soft-spoken to me, nade it pretty clear how he would rule on my motion -NOT IN MY favor. Didn't even look at the "courtesy"" copy I handed to him and kept harping one only one aspect of my motion; the lack of a signed contract or account agreement when there were other glaring defects in the plaintiff's case noted in my motion.
Going to court was certainly an eye-opener (which I needed since I couldn't sleep at all the night before). I has become ABUNDANTLY clear to me that , especially in small claims, the general attitude seems to me to be GUILTY until proven innocent . The judge at one point even made the comment to a creditor's attorney " You know I try to make it easier for "the" attorneys".
Tomorrow I'm going to begin nother round of trying to find a competent attorney willing to fight my case without bankrupting me in fees. I will keep you appraised of further developments if you are interested. I can only say something has to be done to reform the current system. In my opinion if you or I attempting lawsuits, whether in "regular" court or small claims, using the same methods used in many instances as these JDB's, collection firms, and O.C.'s; no doubt we would be laughed out of court and probably face repurcussions for filing a frivolous suit. Just my two cents worth.
I wish you all the best in your own life challenges and firmly believe in the saying "What goes around comes around" so I hope you are the recipient of good "karma" for all the good you've done for others very soon.
P.S. I've always been a bit paranoid putting too much information regarding my own circumstances out on the 'net on various forums and after reading the surreal nightmare you encountered, i'll probably forego any future public postings myself. Or maybe set up a new "moniker" and access sites like Credit info Center or debtorboards from an untraceable proxy server.