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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
  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 i
  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 Limitatio
  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 communicatio
  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
  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 a
  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 coachin
  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 n
  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
  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 rece
  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 statin
  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.
  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 juris
  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 ARIBITRATI
  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 bl