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Amendment form for motion to appear & answer I believe I may have been misguided by a volunteer attorney in filling out my "Motion To Appear And Answer". Question 1. My understanding is that if I write anything but "Deny" on the form, it automatically puts me in a position to receive a judgment. Is this correct? I would like to amend my motion but have been unsuccessful in locating the form even under the proper sublink on the Circuit Court of Cook County website. Question 2. I would greatly appreciate if someone can direct me to where I can print out the amendment form or would be willing to put a link to the form here in reply to my post. Question 3. Once I fill out my amendment form to reflect the change to "Deny", do I then need to file another motion to appear and answer or is that already a part of the amendment form? Thank you!
Would like to switch judge for my Illinois foreclosure case I've been unsuccessful finding the proper form on the Circuit Court of Cook County website. Question 1. Anyone know where else I could locate this or who could provide the form for me in your reply? Question 2. I believe I may have been misguided by a volunteer attorney in filling out my "motion to appear and answer form". My understanding is now that if I write anything but "Deny" on this form, it automatically puts me in a position to receive a judgment. Is this correct? 3. A judgment has not yet been placed against me. I'm under the impression that I must submit the Switch of Judge form prior to the judgment. Otherwise, that option will no longer be available to me. Is this correct? If this is correct I would greatly appreciate anyone who could quickly direct me to this SOJ form so I can submit it promptly. Thank you!
Hello everyone let me start by giving much thanks to all the contributing members on the Forums here. I have been a reader for a very long time about 10 years now, never been a poster but was able to use info found on here to help a lot friends get through their cases, some have won some have lost. Now that I am need of some assistance I really hope that some of you are able to help me. I just have a few basic questions. I found ASTmedics thread and really found that his strategy is the most easiest to follow so would like to employ the same. I started out initially preparing my Answer, BOP, and General Denial while I could find a lot of information on the Answer and have been able to locate standard format and wording for a BOP I am unable to find any thing for the General Denial that can be filed in CA in reply to a Civil Case. After further reading found that a BOP is not applicable to an "Account Stated" action which mine is. So guess I will be tossing the BOP I had prep'd for filling. This leaves me with the "Answer" of which I'm pretty competent is adequate although after reading the threads from Coltfan, ASTmedic, CaLawyer, Seadragon and others about the flaws of the various arguements they have seen presented and the outcomes I will be going back to the drawing board and changing my existing Answer especially with respect to "Lack of Privity" etc...because it was one of my many Affirmative Defenses. With that being said I like that a simple General Denial to get the ball rollin gives the moving party little info to use against you later on down the line. Which brings me to my post/request for help. 1. Is filling the General Denial alone enough? Or is including the Answer with the filling a good strategy to employ? Or later on? 2. Is the General Denial treated the same as an Answer by the courts, whereby it prevents moving party from filling for Default? 3. Can anyone point me in the direction or provide me with some sample Templates or Redacted fillings of a General Denial that can give me some guidance. Especially if I want to lay the ground work on having the suit eventually tossed on Hearsay etc... 4. Once either the Answer or General Denial or both are filed what is the standard time frame for me to send them a RPD? 30 days later, 30 days prior to trial? After I get their ROG's etc...? I want to be ahead of the game and beat them when it comes to this. Anyway any info that can be gleaned from anyone out there will help me tremendously because I intend to file my docs on Monday.
In August of last year, I got served with a summons by Apothaker representing LVNV Funding. I filed my response within the required 20 days (with affirmative defenses included), they sent a request for admissions, etc, I filed my response, and sent one back to them. They ended up coming up with actual statements from the credit card in question, and the charge of signatures. Now, I believe this was their mistake. Since I last stopped paying on the card in 2008, March 2008 to be exact, they gave me the valid proof that I didn't have before that they were suing on something outside of the statue of limitations. Therefore I filed a motions to dismiss based on SOL (in PA, it is 4 years). Fast forward to arbitration. I got there and told the lawyer that I believed the debt was outside of SOL. He looked through his paperwork and said that he couldn't argue with me. So he asked that the court push the aribration date back so that the judge could hear my motions to dismiss (I should have thought that fishy to begin with) that i had filed only a week before arbitration. It's set for sometime in May. Then I got a response to my motions to dismiss, bascially asking that the judge deny it. They are now stating in their response that I made the last payment in November 2008, which I know for a fact that I absolutely DID not. And I don't believe they have any proof of this, either. So my question is, what do I have to file in response to their response to my motions to dismiss? I want to file Something, because they simply filed the response so the motions wouldnt be heard. But as this point, I'm at a loss for what to do. Do I request the submit proof that i made payment in November? do I file a demurrer? I know it's still outside of the SOL, and without any proof, they can't possibly say I made my last payment in November. Please help?!