awry

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About awry

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    IL
  1. Going to the bitter end with C1 in arbitration. Unbelievable

  2. I hear Cook county is the worst. If you decide to file a motion to dismiss, here is something I dug up that may help you. I don't know if it is any good but it sounds right but this isn't legal advice. Use at your own risk. 735 ILCS 5/2-606 (West 2006) requires that if a claim “is founded on a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her.” Sherman v. Rya
  3. To the best of my knowledge, I have not lost my right to arbitration because there hasn't been any discovery, nor other pleadings aside from my answer. The IL Consumer Protection Act allows for revealing the last 4 digits of an account number in these situations.
  4. Here are some facts about my case. It has snowballed a little. OC suing in Illinois. Using a top collection law firm. Plaintiff's lawyer got my affirmative defenses stricken and judge ordered me to file an amended answer. I filed amended answer and mtc arb simultaneously and waited for the status hearing. At the status hearing local attorney stand-in for the plaintiff's law firm issued a verbal motion to strike my mtc arb. Hearing on both scheduled for the end of the month. Then plaintiff's lawyer filed a second motion to strike my affirmative defenses and scheduled an earlier hear
  5. I did not elect arbitration with Cap1. I merely stated in my Response that I wanted to move the case to arbitration. I had the MTC with me but the judge pointed out to the Plaintiff's attorney that he had not addressed my request for arbitration and gave him more time to do so. Strangely, the Plaintiff's attorney filed a Reply to my Response without addressing arbitration. BTW, the judge said it was first time in 14 years on the bench that a Defendant had requested arbitration.
  6. I was sued by Cap1 and ended up requesting arbitration in my response to their complaint. They did not address the request in their reply so the judge ordered them to explain why I was not entitled to arbitration. The deadline for that reply was 11/15/2012 and they did not file a reply (I have been checking online). I was supposed to have until 12/10 to respond, and a status hearing is scheduled for 1/10/2013. Any ideas on what should I do next?