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awry

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  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. Ryan, 392 Ill. App. 3d 712, 733, 331 Ill. Dec. 557, 911 N.E. 2d 378 (2009). However, Plaintiff neither attached a copy of the contract, nor asserted in the affidavit attached to his original complaint that the contract was not accessible. In Velocity Investments LLC v. Alston the court ruled that “Plaintiff’s failure to attach a copy of the credit card contract to the Complaint, recite the terms of the contract within the Complaint, or attach an affidavit showing that the document is inaccessible is grounds for dismissal.” Velocity Investments LLC v. Alston, 397 Ill. App. 3d 296, 922 N.E.2d 538 (2d Dist. 2010). In his Complaint Plaintiff failed to attach a copy of the credit card contract, nor did he recite the terms of the contract within the complaint, nor assert that the document is inaccessible in the Affidavit attached to the original Complaint. As such, Defendant asserts that the Complaint should be dismissed. WHEREFORE, Defendant moves this court to dismiss him from this action.
  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 hearing on that motion. Affirmative defense #1 was that I filed mtc arb; #2 was equitable estoppel since plaintiff has not revealed the account number of the credit card they are alleging I failed to pay. I was sued by the same OC in 2010 for an amount slightly larger than the amount stated on this complaint. Plaintiff voluntarily dismissed on the date of trial (prior to any proceedings). The question related to that information is; what advantage is gained by plaintiff's attorney not revealing the account number? Or conversely, what disadvantage would make them want to keep this out of their complaint? And in case you think it isn't intentional, I can show you about 40 pages of statements sent to me when I requested validation where the account number has been redacted from every page (it appears twice on each page). Finally, does anyone have an example of opposition to motion to strike?
  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?
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