Jump to content

CHASE SUMMONS


Recommended Posts

Chase manhattan suing me in chicago court for $2700.00 + costs

thru an attorney that represents them..no CA

Summons to appear fee over $1500 I have to pay a $120.00

..I dont think so..

Exhibit "A" is the last statement they sent with 25% interest rate...

No signiture of mine in sight,and was never notified of this by this attorney

prior to this summons

I have kristy`s book, and it doesn`t deal with this issue...what should I do experts?

Guy just walked up to me on my patio, asked if I was me, I responded and was served

Link to comment
Share on other sites

Chase manhattan suing me in chicago court for $2700.00 + costs

thru an attorney that represents them..no CA

Summons to appear fee over $1500 I have to pay a $120.00

..I dont think so..

Exhibit "A" is the last statement they sent with 25% interest rate...

No signiture of mine in sight,and was never notified of this by this attorney

prior to this summons

I have kristy`s book, and it doesn`t deal with this issue...what should I do experts?

Guy just walked up to me on my patio, asked if I was me, I responded and was served

They want you to pay $120.00 to appear!?!?!?!!? Who wants this, the Court or the Plaintiff?

I never heard that one before.... :roll:

Link to comment
Share on other sites

There will be a fee to file your appearance if claim is 1,500 or less...$110.00..over 1500....$120.00...over 15k...$140.00....

These are cook county charges to appear

I guess the question at hand is how do you get them to validate a debt when they have side steped communication and gone straight to court?

They are not going to have anything with my signiture on it, only the statement listed as exhibit "A" which im sure is not proof enough that the debt is valid. I will show up to court, I only need to figure out my defense....Or...do I let them get a judgement, and then try to vacate it...

I never received a demand letter of any kind from this attorney, is this failure to send me one with teh mini-miranda a FDCPA violation? Reading posts here,I see that they only need to show up with a statement with my addy on it ...what possible defense do I have ?

Link to comment
Share on other sites

I would go talk to an attorney. Defiantly go to court. My hubby has a default judgment that now has been bearly over a year and there is nothing we can do but settle or file BK.

You can write them and let them know they didn't validate and all that jazz and see where it goes.

Start getting your paper trail going so when you go up against the judge you can show them that they didn't do anything the way they were supposed to.

Link to comment
Share on other sites

You can send a DV notice to the attorneys, but I doubt that will help you.

Is there an allegation, or anything on the summons and cpmplaint that says " This attempts to collect a debt and any information obtained will be used for that purpose?" If not, you may be able to make a small claims court claim vs. the attys.

I would answer the complaint. Pay your appearance fee and answer as follows:

Deny the allegations of the complaint. Be readdy to ask for discovery. You have a right to see what they intend to use as evidence in any trial. Ask for it.

Link to comment
Share on other sites

Taking what I read from another post, the lawyer merely has to show a statement and thats it?

Chase manhattan Bank USA.NA

Plaintiff

V.

ME

Defendant (s)

court date 9/7/2004

VERIFIED COMPLAINT

---------------------------

1)that at all times hereinafter,plaintiff is a national banking corporation,chartered under the laws of the USA,with a principle place of business located at .....

2)That defendant is/are residents of illinois,and reside at (My Address )

3)That defendants entered into credit card retail installment agreement(s)

with plaintiff whereby defendant would pay for any indebtedness incurred by advancing monies upon written order or request and through the use of credit card(s)issued defendants

4)That the defendant (s) as (have) defaulted in making payments on account ######## and there is now due and owing to plaintiff the sum of $2712,00,as more fully set forth in group exhibit "A" attached hereto and incorporated herin

5) That plaintiff has demanded payment by the defendant (s),yet the defendant (s) has (have ) neglected and failed to do so

WHEREFORE,Plaintiff prays that judgement be entered against defendant (s) in the sum of $2,712.32 plus court costs

Signiture of attorney for plaintiff on bottom right

Full Address and phone number on left bottom

Exhibit "A" is a billing statement with my name and address,and shows late charges, no where is my signiture or proof that this in fact my agreement.

So...with validation side stepped...what should I do ?

Link to comment
Share on other sites

Recovering attorney...what do you think..time is drawing closer...

One other question I have is they are asjking me to go to court in chicago...Cook County...I reside in Mchenry county...any thing to this?

That question is secondary..my delema still needs addressed

Link to comment
Share on other sites

You might check Rules of Civil Procedure for Illinois.

I know in Indiana they have to sue you where you SIGNED the agreement or where you live.

no other county has jurisdiction.

Something to look into..........

OHHHH

That might work to sue the attorney for FDCPA violations too!!!!

Just realized that..

Attorney WOULD fall under FDCPA.

Look at this

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

You could file your answer denying allegations. THEN file a motion to dismiss due to lack of venue. ((Or wrong venue or something like that)

Link to comment
Share on other sites

Admit the allegations of 1 and 2

Deny the allegations of 3,4 and 5

As an affirmative defense, state:

Court does not have jurisdiction over the defendant

Court does not have subject matter jurisdiction

PLaintiff fails to state a cause of action upon which relief against you can be had.

Sing your name, address, phone, send a copy to teh lawyer, original to the court ( if there is an index number on it)

Do a separate sheet with the Caption. Title it : Defendant's First Discovery Demands.

Defendant asks teh plaintiff to plrovide true copies of the following within the time required by law:

1. Any statements made by defendant, written or oral, which PLaintiff intends to use at a trial of t his matter.

2. Any and all documents, statements, and other written evience which plaintiff intends to use at a trial of this matter.

3. A list of all witnesses plaintiff will call at a trial of this matter, including name, address, title, and the subject of their testimony.

4. Any and all evidence in plaintiff's possession that exculpates defendant.

5. The name, address, phone and title of the person at Chase responsible for coordinating this lawsuit with plaintiff's attorney.

Defendant will object to any offer of the above which is not given to defendant per this demand.

This should help get you square for now.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.