trynrest

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Everything posted by trynrest

  1. Well just recieved my first call and letter from VAN RU Collection Corp in Des Plaines,IL. Letter states they represent Calvary Portfolio. I have already shot off a dispute letter, not like I didn't dispute this with Calvary long ago. BUT! Would just like some input if you have had contact with them in the past. Thanks for any help
  2. DISMISSED!!!!!!!!!!!!!!!!!! Calvary and Schindler law firm strike out!! This forum is awesome, we could have never done it with out all the help from everyone here! Thank you Thank you Thank you. So today was our trial date, I thought I had another week but, anyway this is how it went down. Schindler had sent us a letter stating that they would have one witness appear that could prove title. We prepared to tear down that witness creditabilty and had our cross exam ready, thanks to all of you we walked into court nervous but prepared. Besides court staff there were only three other people in the court room, no one in the hall. I thought "does this mean no witness ". There lawyer a local asked to speak with us. He asked if we had reached a settlement with Schindler, we responded no we were there for trial> He started to quote some case law that Calvary owned the debt and could legally collect and asked what kind of settlement we were looking for. :'> My 5'0' wife who is the defendant looked up at this 6'3' 300 lb sleazebag who has been trying to intimadate her for the last 11 month and said " We are not her to settle, we are ready for trial and intend to make you prove your case". End of conversation. The Judge call us up and before she could say a word their attorney handed the Judge a motion to dismiss stating that Schindler was unable to have their witness there at this time!! We asked to dismiss with predjucie but this was declined. My only regret is that I didn't have a motion to dismiss with predjuice prepared to counter their motion. The advice on these forums is very revelant, don't back the JDB's don't want to go to trial. My wife ahd never been to court before this and was scared to death, with each hearing and reading others stories she gained confidence, I would't say she was nervous today she had the knee knocks, the shakes and huge butterflies, but she went, made some mistakes took her lumps and came out on top.
  3. OK, I guess we are going to trial! We have recieved two letters from Schindler Law Firm asking to call and settle. We ignored both. Trial date is set. They have notified us they will have one witness. As our MFD was denied I don't have a clue what I am going up against. Any help with what I should be prepared for would be greatly appreaciated!
  4. I am sure glad you are all here to help, so again thanks. Drafting cease and desist letter as soon as I am sure I am doing it right.. Do I include that I am refusing to pay as the SOL has passed or do I KISS and use the sample letter on this site? At what point does the TILA come in to play, is it only after a Cease and Desist letter? All the calls I am getting are from an automated dialer. In response to my BBB complaint Timothy Whalen of MEDICREDIT responded that my record would be updated so the calls would end. Right, still getting automated calls. Since he agreed to stop the calls isn't that an admission they did not comply with my request to C&D? Please understand this is not my first run in with MEDICREDIT in the previous encounters I have been able to get all the information regarding claims and have proved the bill had been paid or never sent to the insurance company everytime, usually it is the fault of St Francis Hospital's shoddy billing department. So I have had it with MEDICREDIT & the hospital.
  5. Back from celebrating our nations birthday! Thank you for the information you have provided. I am going to add some things I found while researching, hopefully it will help others with a similar problem! Googled Laches = : negligence in the observance of duty or opportunity; specifically : undue delay in asserting a legal right or privilege. Great stuff Gunney! How is your dry heat Big Sister? Been to Garcia's recently? Searched the net and found this post from Jeffery Whitehead a Chicago attorney " What is the Statute of Limitations for a Medical Bill in IllinoisA Statute of Limitations defense is always waaaay more complicated than it seems on its face. It is no different in the medical billing context. Most medical bills are derived from unwritten, implied contracts. For example, if you get into a car accident and go to the emergency room, the hospital will provide service before you execute a written contract binding you agree to pay a set amount for the service. This is an example of an implied contract. In Illinois, the statute of limitation for implied contracts is 5 years. See 735 ILCS 5/13-205. But be careful. The 5 years starts to run from the date of the last payment to the hospital for the services provided. Not the date of service. Also, if you moved out of the state for a period of time, the hospital may be able to defeat a statute of limitation defense. A statute of limitation defense can be problematic if the insurance company made payments to the hospital on behalf of the consumer. This issue is explored in Sexton v. Brach, 124 Ill.App.3d 202, 464 N.E.2d 284 (3d Dist. 1984). The news is worse if the consumer signed a written agreement to pay the hospital bill. In this situation, the statute of limitation is 10 years. See 735 ILCS 5/13-206. However, the written agreement must be complete. If it lacks essential terms such as price, then a court might construe the written contract as an implied contract and the the statute of limitations would be only 5 years. See Schmidt v. Niedert, 45 Ill.App3d 9, 358 N.E.2d. 1305 (1st Dist. 1976). In summary, the statute of limitations can be a complete defense to a medical bill. However, be sure to examine your fact pattern for the pitfalls described above." Go to Illinois Legal Aids web site and download and read Defending Hospital Collection Cases Manual) it has a wealth of information especially if you are being sued. A summation of Illinois SOL: “The test for whether a contract is written under the statute of limitations in Illinois is not whether the contract meets the requirements of the Statute of Frauds, but whether all essential terms of the contract, including the identity of the parties, are in writing and can be ascertained from the written instrument itself.” Brown v. Goodman, supra, 147 Ill. App. 3d at 940-41 (emphasis added). If any essential element of the contract is omitted from the writing, “‘then the contract must be treated as oral for purposes of the statute of limitations.’” Armstrong v. Guigler, 174 Ill. 2d 281, 288, 673 N.E.2d 290, 295 (1996); accord, Toth v. Mansell, 207 Ill. App. 3d 665, 669, 566 N.E.2d 730, 733 (1st Dist. 1990); Schmidt v. Niedert, 45 Ill. App. 3d 9, 13, 358 N.E.2d 1305 (1st Dist. 1976). “Illinois courts give a strict interpretation to the meaning of a written contract within the statute of limitations. For statute of limitation purposes, a contract is considered to be written if all the essential terms of the contract are in writing and are ascertainable from the instrument itself.” Brown, 147 Ill. App. 3d at 939. If the agreement necessitates resort to parol testimony to make it complete, the law is that in applying the statute of limitations, it must be treated as an oral contract. Toth, 207 Ill. App. 3d at 671. “The law is clear in Illinois that to constitute a written contract under the statute of limitations, the written instrument itself must completely identify the parties to the contract.” Brown, 147 Ill. App. 3d at 940 (emphasis added); accord, Railway Passenger & Freight Conductors’ Mutual Aid & Benefit Association v. Loomis, 142 Ill. 560, 32 N.E. 424 (1892); Munsterman, 106 Ill. App. 3d at 238-39; Pratl v. Hawthorn-Mellody Farms Dairy, Inc., 53 Ill. App. 3d 344, 347, 368 N.E.2d 767, 770 (1st Dist. 1977); Matzer v. Florsheim Shoe Co., 132 Ill. App. 2d 470, 472, 270 N.E.2d 75 (1st Dist. 1971); Wielander v. Henich, 64 Ill. App. 2d 228, 231-32, 211 N.E.2d 775, 776 (1st Dist. 1965). “The issue is not whether the identity of [the parties] can be readily ascertainable from subsequent writings, the issue is whether the identity of [the parties] can be readily ascertained” from the alleged written contract “so as to avoid the resort to parol evidence.” Brown, 147 Ill. App. 3d at 940. If testimony is necessary to establish any of these elements, the contract is treated as oral, and subject to the five-year statute. Wielander v. Henich, 64 Ill.App.2d 228, 231, 211 N.E.2d 775, 776 (1st Dist. 1965); Armstrong, 174 Ill. 2d at 288. In the parol evidence cases, the dispositive question is whether evidence of oral representation is necessary to establish the existence of a written contract. If such evidence is required, then the contract is treated as oral for purposes of the statute of limitations. In other words, where a party is claiming a breach of written contract, but the existence of that contract or one of its essential terms must be proven by parol evidence, the contract is deemed oral and the five-year statute of limitation applies. So here is what I have done so far; I filed a complaint with the BBB in short stating MEDICREDIT did not provide complete information to verify the alleged bill and that they are not complying with the Cease and Desist Re autorecorded phone calls. On 7/3 Timothy Whalen of MEDICREDIT responded to the BBB that they had supplied copies of the OC invoices and updated there records to prevent any more calls. They did send copies of invoices but nothing else I requested ie. payment info, insurance info etc. Which I asked for not holding out too much hope. I am still recieving calls so I notified the BBB I refused to accept his response. If you are dealing with MEDICREDIT you may want to search BBB complaints. Complaint in progress with ICC. Regarding juridiction Missouri and Illinois have the same SOL for collections so as Gunney said we are well past that time frame. My only goal is to keep this off my CR. So besides the disputing process if they add it to the CRAs can I file suit? Thanks again for all the help, I hope my experience can help others!
  6. OK I'm back. They are calling every other day. I am confused, I was under the impression if I included it in my letter they would have to cease phone calls. Can you elaborate? Sarge, I am guessing you are implying this is not a writtren contract so the SOL is 5 years? Can you give me some more info, case law anything to help me get my arms around that.
  7. Looking at everything from the posts. Regarding the SOL, am I right to assume that since the service was in Missouri the Missouri SOL would be in play? From a google search it looks like the SOL would be 10 years if this is considered a written contract? Since I live in Illinois I would rather use that SOL which I could argue as 5 years. Regarding a suit, this is the vberbage from my orginal verification letter : I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Since their reciept of the letter I have recieved several auto recorded messages. Besides FDCPA 805 does The Telephone Consumer Protection Act of 1991 apply and how can that be enforced? As always thanks
  8. UPDATE Set for trial in July. We are ready! Just recieved the second letter from Schindler law firm asking us to call and settle, we of course will not respond, will update as things occur. Again thanks to everyone.
  9. Cool! I will read up on this. Do you know how this would effect the hospital being in Missouri and we live in Illinois?
  10. A little help please! I recieved a call from MEDICREDIT stating I owed $1600 for some old medicial bills from 2004 and early 2005. I requested that they send the bill via USPS. A few days later I recieved a bill in the mail. As MEDICREDIT has attempted to collect on some old bills before, and I have found we payed them at the time of service. On 5/26 the day after I recieved the bill I wrote a letter requesting verification and to cease and desist any contact by phone. On June 6 I recieved a reply from MEDICREDIT with several pages of billing from the OC ST FRancis hospital that list various procedures / er visit ect. It does not show any payments made any billing sent to our insurance carriers etc. I know HIPPA laws would come into play, but how do I get all the information that is missing. My guess is that a lot of these bills were not filed with our insurances. Do I have any legal right to go back to ST Francis and request all the information? Also MEDICREDIT has again started calling my cell phone with auto recorded messages concerning this bill. They have called 4 times to date. I have sent a followup letter which includes the following : Additionally, I am allowed under the HIPAA law [HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996], to protect my privacy and medical records from third parties. I do not recall giving permission to St Francis Medical Center for them to release my medical information to a third party. I am aware that the HIPAA does allow for limited information about me but anything more is to only be revealed with the patients authorization, therefore my request is twofold and as follows: Validation of Debt and HIPAA authorization * Please provide breakdown of fees including any collection costs and medical charges (I am specifically requesting the amount of the debt to include complete payment history, starting with the original creditor, St Francis Medical Center.) Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.. * Provide a copy of my signature with the provider of service to release my medical information to you * Cease any credit bureau reporting until debt has been validated. ALSO MEDICREDIT is in direct violation of FDCPA Section 805 ©). The certified letter I send you on May26, 2013 was a request for validation of the alleged debt. The letter contain lawful requests: 1. For debt validation 2. That MEDICREDIT "Cease and Desist" any phone calls to me. During the time allowed by law MEDICREDIT must provide validation, must cease phone contact or any other collection attempts. Yet MEDICREDIT continues to call my phone leaving auto recorded messages in violation of the Telephone Consumer Protection Act of 1991 (116 Ohio St.3d 394 2007-Ohio-6833 CHARVAT, APPELLANT,v. RYAN ET AL., APPELLEES) and send billings via USPS. It is my intention to pursue any legal remedies available to me to settle this matter. In addition I am filing a complaint with the Federal Trade Commission and requesting an investigation will also be filing a complaint with the BBB. Unless this matter is resolved by July 26, 2013 I will exercise my options to seek legal remedies. Am I ok here. I would like your thoughts, what options do I have? If we owe the money we will pay the bill, but they would have to provide evidence. I also do not want this shown on my credit reports. As always thanks
  11. YES! I have not posted in a while as not much happened until we had a hearing yesterday. Calvary Portfolio & Schindler Law Firm had filed a motion several months ago requesting a trial date and permission to use telephonic testimony of an un-named witness. We countered with a response to the motion that explained Illinois has not yet defined the use of telephonic testimony, nor could we find any case law on the subject. We emphazised that this would put a Pro Se defendant at a distinct disadvantage. Adding that our research indicated that a telephonic witness may not be as honest as not actually being in the court room, could be working from notes and may have a lawyer coaching them. It does not give the defendant the chance to observe the witness for body language or other signs that would give clues to the truthfullness of the witness. Also it would make it impossible to assure the evidence presented in court was the same being used by the witnes. This is a small claims and Discovery is seldom granted BUT since Shindler left the door open we jumped on not naming the witness. We filed a Leave of Court to file for Discovery along with a Motion for Discovery to include a witness list, all documentation and interrogertories. As normal Schindler has hired a local attorney to handle the case. Prior to the hearing he approached us and asked if we had reached a settlement, we told him NO, we were her to argue Schindlers Motion and have ours heard. He didn't know what to say. I want to point out this is the second different attorney Schindler used, we don't know the reasoning behind this however Schindler, who had recieved notice of our response and motion 7 weeks earlier did not foward this information to this attorney. Before the judge he advised the Court he was at a disatvantage because he thought he was there to present the Montion for Telephonic Testimony, set a Court date and had a hand written note advising him to object to our Motion. Bear in mind, the last time we had a hearing, Schindler did the exact same thing, that attorney was also clueless that we also had motions before the court and had to ask for an extension. I had my wife, who is the defendant point out to the Judge that this was the second time the Plaintiff's attorney was unprepared. You could see that he took note of that. The Plaintiff's attorney was visibly angery and told me I was not not part of the case and to sit down, Having some court experience I just looked at him and turned to the Judge who defined me as an "Advocate" and I could remain as long as I did not address the court. Lesson: The Court Room belongs to the Judge, do not let the opposing attorney tell you what you can and can not do, do not be intiminadated. The Judge ruled on our Motion for Discovery first, he explained that seldom is Discovery allowed in Small Claims that it is by leave of Court and his policy is not to permit it as we would get everything at trial. I did not expect to win this. He then ruled on the Motion for Telephonic Testimony, he denied the Motion!! Explaining that he has never and will never allow it. A witness place is in Court. he told the Plaintiff's attorney that they would have to have any witness they wish to use appear. I consider this a huge win. Calvary Portfolio and maybe Schindler now have to come to Southern Illinois, at their expense if they wish to go to trial. Even if they bring the one unidentified witness they were talking about, think about the hearsay problem this will present for them. My advise to you is to stay in the fight. As you see from our experience Schindler Law Firm is not great at preparing the attornies they hire for court. Don't be afraid to file responses and counter motions it seems they can't or won't take the time to take you serious. Again thanks to everyone that has helped, we are more than happy to share what we have learned via a pm.
  12. Just as an update, after several weeks we recieved a copy of the Court Record Sheet from the clerks office. In the notes it stated that our Motion to dismiss was denied. Several weeks later we recieved a letter from Schindler law Firm asking us to call and discuss a settlement. Of course we did not reply. Since Schindler has subbimited a motion for Telephonic Testimony by an un-named person. We are filing a response based on several fronts. First we can not see the witness to study body language, see if they are reading from notes and of course we wouldn't know if they had an attorney coaching them. We also included trustworthyness of the witness, should it be the affivaiant good old Giovonni R. is named in numerous lawsuits nation wide. It may be late in the game but we are also filing a Motion for Discovery to include interrogatories for their witness. The worst the Judge can say is no. We have found the Judge in our area to be forgiving - and understanding. Our first hearing was the wife's first time testifying in Court. I had notes ready for her but she was very nervous as you can imagine, but prepared the Judge overlooked the that and her mistakes, so I am here to tell you "DON"T BACK DOWN" . We are holding our own thanks to everyone here.
  13. This is a continuation of this case. Being sued by Calvary Portfolio / Schindler Law Firm in Illinois Small Claims court. We filed a MTD and to strike the affidavit that was attached to the orginal complaint. The orginal complaint only had a photo copy of a fax of the alleged contract and the affidavit attached. At the motion hearing the Plaintiff's attorney asked for and was granted two extra weeks to file an answer. This was on 11/14/12. Today I receive a photo copy of "ADDITIONAL RECORD SHEET" from the County Clerks office. Basically it states that the motions have been denied, it then notes"Set for bench trial at request of either party. Clerk to send copy of record sheet to each party." It then notes that a copy of this sheet was sent to both parties. What should I do? Do I let them ask for a trial date or should I get it and file a Motion For Discovery at the same time? The orginal thread is "HELP Illinois Small Claims Filed in TIME CRUNCH" Again thank you for all your help!
  14. First and foremost a huge THANK YOU to everyone here that has helped us get this far. Especially gwheelock915 and Linda7 who took so much of there time to help me one on one. Well we had our first hearing. Because we made a few mistakes we filed a motion to dismiss late in the game. The Judge granted Schindler Law Firm two weeks to file a response. We received it yesterday. After reading the response and attachments I am again asking for help. The background thread is "HELP Illinois Small Claims Filed in TIME CRUNCH" The response is lengthy, but here it goes: The Plaintiff, Calvary Portfolio Services, LLC, as and for its Response to the Defendants Motion to Dismiss, states as follows: Defendant's motion to dismiss is pursuant to 735 ILCS 5/2-615 generally and then specifically pursuant to 735 ILCS 2-606. Defendant's main argument here is that Plaintiff fails to attach to its complaint Chain of Title documentation. Defendant cites to Razor Capital v. Antaal, 2012 Ill. App. Lexis 571, 2012 IL App(2nd) 110904 (July 11, 2012). Defendant also moves to strike Plaintiff's affidavit stating that it is incompetent. Defendant raises hearsay objections in its motion to dismiss. Defendant correctly points out that they need leave of court to file such a motion. Plaintiff Defendant claims that Calvary Portfolio services LLC's interest in this matter is unclear. Plaintiff clearly pleads the interest that Calvary Portfolio Services LLC has in this matter. Paragraph 3 States that Citifinancial sold and assigned its right title and interest to defendant's account to Calvary SPVI, LLC. Then paragraph 4 states that Calvary SPV I, llc assigned it's right to pursue collection of Defendant's account to Plaintiff (Plaintiff being Calvary Portfolio Services LLC. Defendant cites to a newly published opinion Razor Capital v. Antaal,Id. Razor Capital is a case that originated in the ARBITRATION Division of DuPage County, thus differentiating this case from that one. This is a small claims case. " Disposition of small claims cases is intended to be relatively simple and expedient. Motion practice is explicitly limited. To dismiss a small claims complaint for the mere forbearance of a plaintiff to attach a copy of the written obligation would inject into small claims litigation an element of technicality, gamesmanship and increased litigation that Part 1 procedures were obviously designed to avoid." (10-SC-2210, 10-LM-1250, 10-LM-1403, Memorandum of Opinion and Order from Champaign County Circuit Court, attached hereto.) For these reasons and the other reasons cited by The Champaign County Judge, it was found that motions to dismiss a small claims complaint for failure to comply with section 2-206 of the Code of Civil Procedures were facially meritless. This is because of Illinois Supreme Court Rule 282(a) which supplants 2-206. Further a motion to dismiss a complaint pursuant to 282(a) is flawed because the proper remedy is not to dismiss bot to strike the complaint or allow plaintiff to produce the written instrument in question. The court also cited to Porter v. Urbana-Champaign Sanitary District, 237 Ill. App.3d 296 (1992). If Defendant believes that Plaintiff cannot prove standing, then Plaintiff will lose at trial. Plaintiff should not have to prove things at the pleading stage especially at a small claims case pleading stage. Further, Section 8b of the Illinois Collection Agency Act, 225 IlCS 425/8b, while establishing the requirements for an assignment to be valid, does not require that an assignment be attached to the complaint. Defendant alleges that the Plaintiff's complaint relies on an incompetent affidavit. The affidavit is a verification in support of the allegations in the complaint. The Court may rely on the facts contained for the purpose of a prove-up of damages when a defendant is id default, but if the case proceeds to trial the Plaintiff will have to prove its case through written evidence and witness testimony. In a MOtion to Dismiss, the law in Illinois is clera that all well-pleaded facts are taken as true. Defendant is only entitled to dismissal with prejudice if no facts alleged could setablish Plaintiff's cause of action. Defendant has not met its burden here to show that no set of facts would enable Plaintiff to prove its case. Defendant is attempting to point out flaws in Plaintiff's Complaint. Further, Defendant attempts to make objections to admissibility of evidence as if this were a trial. Whether Plaintiff will be able to prove its case at trial is not the issue here. Defendant moves to dismiss pursuant to 1-215 and 1-206 with prejudice complaining of defects in the Plaintiff's complaint. If plaintiffs small claims complaint is defective, then Plaintiff should be afforded an opportunity to amend its complaint and re-file. Defendant's motion should not be allowed as this is a small claims case and the case should be decided expeditiously. Further, even if Defendant's motion to dismiss is allowed to go ahead it should be denied as Plaintiff is in possession of complying Assignments as required by 8(. Defendant's objections on grounds of hearsay are not proper at the pleading stage of this law suit. WHEREFORE, Plaintiff respectfully requests that defendant's Motion to Dismiss be denied ////////////////////////////////////////// It is then signed by a member of the firm. Do I respond, if so what should I say? Thanks again.
  15. Thanks everyone so much for all the help we received!! As a refresher this case is in Illinois Small Claims Court, 1st Judicial District, Southern Illinois. We had our first hearing on our motions and the Plaintiff's (Schindler Law Firm) local attorney was not prepared to answer our Motions and requested and was granted an extension. I want to make a point for anyone that is thinking about fighting a suit here. DO IT! Don't be intimidated. This suit was against my wife, she has never testified in court in her 50 + years. With researching the forums here and the additional help you will receive you can fight the Bast_rds!! We screwed up our initial motions by not asking leave to file them and by filing a MOTION for Arbitration when it really did not apply to our case. We went back and filed a Leave to file a Motion to Dismiss. The Clerk's Office does not have any printed information for Defendant's or any sample forms on Small Claims to help you. They will accept forms modified from other Counties. They do not have a lot of cases fought and may not have the answer to your question, BUT, they will get the answers you need, even if they have to go ask the Judge. ( Our Clerk walked our Leave to File a Motion up to the Judge's office to be sure it was how he wanted it done and save us time!!) The Judge is fair and understanding. He allowed me to help my wife with her testimony on the motions, offered understanding and compassion for a newbie. She apologized for not filing leave on our first two motions and asked that the Motion for Arbitration be struck. The Judge struck the Motion, noted that the the first two were defective , but still accepted the second of the first set. So why am I telling you this? We were the last case called. There were SIX PAGES ahead of us. EVERYONE else either did not show, and had a judgement placed against them by default OR went before the Judge and admitted fault without even questioning the suit. Neither the Court or the local attorneys retained by these JDB are used to a Defendant fighting back. And the attorneys appear clueless when you start citing case law. Once we have a ruling on our Motion's to Dismiss and Strike the Affidavit I will post more. Don't cave in. Fight that suit!
  16. It seems the more I research the more confused I get, so let me see if I have this right. After a set time frame the OC charges off the debit. The OC gets to write off a loss with the IRS. Let's use $10,000 as the credit amount. Since I don't know I will guess the OC gets to write off $2000. That leaves an $8000deficit. but hasn't the OC actually been reimbursed or credited $2000 by the IRS? Still the OC sells the debt as $10,000 to a JDB. Again since I don't know I am going to say the JDB pays $1000 for the debit. The JDB then files suit for $10,000 claiming ownership of the debit and stating the Defendant owes that amount. But hasn't the OC actually been reimbursed or credited $2000 by the IRS? One would think that the amount less IRS charges off should be $8000 and that the JDB should only be able to collect at most what they paid, if they can prove ownership? So for the sake of arguement I am going to say the JDB gets a judgement for $10,000. If my thinking is correct parties that suffered a loss in a civil suit are entitled to restitution. The OC has sold their rights, but what about the IRS? Shouldn't they be going after the JDB for the amount they allowed the OC to write off. If they are not my question would be why aren't they? How would effect the JDB if they had to reimburse the IRS for all those Charge offs. Just throwing this out their for discussion.
  17. If you are in the same boat as me you may want to read this case, I think it contains extremely valuable information, especially for those of us in Illinois. It may help you prepare your defense and will show what type of JDB and Law Firm you are dealing with. CAROLE GRANT-HALL, PAUL J. ASIAMA, CORNELIUS GRAY, AND JENA PERRY, ON BEHALF OF THEMSELVES AND THOSE SIMILARLY SITUATED, PLAINTIFFS, v. CAVALRY PORTFOLIO SERVICES, LLC(), ARTHUR B. ADLER & ASSOCIATES, LTD. D/B/A ADLER & ASSOCIATES, LTD., LAW OFFICE OF KEITH S. SHINDLER, LTD. D/B/A THE SHINDLER (Swindler?) LAW FIRM, AND KEVIN M. KELLY, P.C., DEFENDANTS. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION You can read this at FIND A CASE . Just search the case name. I intend to beat on them with a motion for discovery since all they attached to my complaint was an Affidavit of ownership. -------------------------------------------------------------------------- I am not an attorney, I only wish to share information to help others with similiar problems, as I have been helped by this site!!
  18. I am looking for a copy of a Citifinancial Services personal loan Arbitration Agreement between 2004 and 2009. We are being sued by Calvary Portfolio. I have a 2004, the year of the loan but it excludes arbitration for amounts under $10,000. I am looking for one during this time frame that does not have a dollar amount clause. Thank you all for the help I have recieved. Our Court date is 11/14.
  19. Thanks for everyones help. Since size is a factor whith attachments here I will PM infor.
  20. The response to our motions is entitled " Plaintiff.s Response to Defendant's Motion to Dismiss". Again Thanks
  21. Just recieved a notice of filing form Shindler Law firm. In a nut shell it states: Plaintiff objested to bringing this motion cited Rule 287 section 2-619 and 2-10001 "No motion Shall be filed without leave of court. Plaintiff is not aware of any LEAVE. RE first motion DEfendant refers to Arbirtration Agreement Attorney notes a "Claims Excluded fro Arbitration" provision " any claims where all parties collectively seek monetary relief in the aggregate of $15,000.00 or less in total relief, including but not limited to compensatory, statutory.... or any claim brought in and subject to the jurisdiction of a small claims court, so long as such matter remains in such court and advances only an individual, non-class claim. He then explains the Dollar amount states that because it is under &15,000 it is excluded from arbitration and is the juristiction of Small Claims. The second motion again noted brought with out leave of court alleges that the plaintiff complaint relies exclusively on an affidavit. The affidavit is verification in support of the allegations in the complaint , not evidence. The Court may rely on the facts contained, ....... but if the caes proceeds to trial the Plaintiff will have to prove it's case through written documentary evidence and witness testimony. Defendant attempts to make objections to admissibility of evidence as if this were a trial. Whether Plaintiff will be able to prove its case at trial is not the issue here. Plaintiff has done enough to put Defendant on notice as to it cause of action. Plaintiff also believes that this motion was brought without the Defendant having done requisite research of the issues. If defendant had bothered to read the entire Agreement before filing this motion Plaintiff's Counsel would not have to had to spend time responding to said motion. Wherefore, Plaintiff respectfully requests that Defendant's Motion to Compel Arbitration or Dismiss and strike be denied. Well, I guess the cheap shot means We have their attention. I can provide a redacted copy if necessary. Are we dead, is there another course of action. I am rereading the Arbitration Agreement, I have to say I am confused the loan was for less that the amount that they allege is excluded but Citifinancial required an arbitration agreement for the loan. Can the motions be refiled asking for leave of court? again please HELP!
  22. No we did not attach a motion for leave. I guess I'm lost why would we need to file a Motion for Leave in conjunction with our Motion to Compel? What would counsel's objection be? Is this some thing we should do? Our court date has been rescheduled for the middle of November.
  23. Hey, I want to thank you all for your insight and help. after several sleepless nights and learning way more than I ever wanted to know about Small Claims Court I have my wife squared away. She file her paperwork yesterday and set a date for the first hearing on her motions. We opted to do the following: Mailed NOTICE OF ARBITRATION ELECTION to both the OC & JDC's attorney CMRR File DEFENDANT'S ANSWER & AFFIRMATIVE DEFENSES w/ copy of above letter attached as evidence. Filed MotionTO COMPEL PRIVATE/CONTRACTUAL ARBIRTRATION AND DISMISS OR IN THE ALTERNATATIVE, TO STAY PENDING ARIBITRATION a copy of the ArbitrationAgreement was attached as evidence with quoted portions highlighted. I choose to use the long, detailed version I posted. I understand while the Judge may not read it in it's entirity the JBD's attorney will be forced to. I liked the idea of cutting the snakes head off. So she also file Motion to Strike Affidavit stating Plaintiff's Motion is Incompetent. A copy of the AFFIDAVIT was attached as evidence. Again I used the longer version I posted so the JDB's attorney has something to read and a bunch of case law to review. I think while this may have been unnecessary with the request for Arbirtration it demonstrates our resolve and forces the Judge to take a harder look at this case and maybe cases he sees down the road. Her hearing is set for next month, so I will let you know how it goes. Anyone wanting copies of what I used please PM me. Again Thanks
  24. What was attached was 1. AFFIDAVIT OF CLAIM 2. Photo copy of alleged contract 3. Photo copy of ARBITRATION AGREEMENT
  25. Allright! So much for proof reading my own work! I wish I could take credit for the motion but as HOWUCAN2 stated it was written by someone else, I just took the parts I thought I needed. This guy is just a dumb old cop that is familiar with criminal courts and research. I am grateful for everones help and comments. Again as my proof reading sucks if you could edit the name out of your posts or tell me how to redacte it I would be grateful. We plan to file an appearance and other paperwork tomorrow. I will let everyone know how this works so others can use the wonderful advice I have been blessed with.