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Help with Motion to leave


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Here is where I am at Admin

I am to call the court house, ask for a date for the motion to leave

then file this

Then do a Notice of Motion . Get it notarized. File the notice and the motion. Now also if I can counter claim the CA attorney.

Now here is my complaint, not licensed to do business in my state

what are the penalties for that

also i wanted to get them for doing a hard pull but as people are saying they can do that being trying to collect,, but,,, if the CA did it, I am wanting proof why the attorney did it,, I believe it was for looking for assets, what do you think?

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This is what I h ave started

Due to new findings I am asking for a Motion to Leave to Amend the Complaint. My findings are as follows. ******are not licensed to due business in the state of Illinois. The plaintiff’s in this case and their Attorney has each done a Non Permissble Pull of my credit rating.

(Now I know that there is a lot of people saying that they can and cannot do a pull but I believe the lawyers were looking for assets,, how can i prove that??? what can I say?

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Thanks Doc Don,

you took me to the begining, I am very much touched by the help from this site. So many of you take the time to help people. Thank you so much. Does anyone know how I start this thing?? I have a spread sheet but I am stuck on my motion. Do I state what I want and why?

Wrong Doc, but you are quite welcome anyway. :wink:

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This is what I h ave started

Due to new findings I am asking for a Motion to Leave to Amend the Complaint. My findings are as follows. ******are not licensed to due business in the state of Illinois. The plaintiff’s in this case and their Attorney has each done a Non Permissble Pull of my credit rating.

(Now I know that there is a lot of people saying that they can and cannot do a pull but I believe the lawyers were looking for assets,, how can i prove that??? what can I say?

First off, is this your debt and can Unifund prove it is? If so, you don't have grounds for filing a counter-complaint because review of your credit report for collection of an account is a PP.

Now, your state says:

Collection activities of collection agencies are generally governed under the Illinois Collection Agency Act (225 ILCS 425/1, et seq.) The State of Illinois does not permit any collection agencies to conduct business without first obtaining a certificate of registration from the Director of Department of Registration and Education. A registered collection agency must file a surety bond in the amount of $25,000. (225 ILCS 425/8)

Unifund isn't listed as being licensed. Also, a search on the Illinois Secretary of State website show Unifund's corporate status as being revoked.

SInce they don't have a license or are properly registered with the state, I don't see how they're able to legally transact business, including filing a lawsuit.

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This is what I h ave started

Due to new findings I am asking for a Motion to Leave to Amend the Complaint. My findings are as follows. ******are not licensed to due business in the state of Illinois. The plaintiff’s in this case and their Attorney has each done a Non Permissble Pull of my credit rating.

(Now I know that there is a lot of people saying that they can and cannot do a pull but I believe the lawyers were looking for assets,, how can i prove that??? what can I say?

i would say you cannot include the FUN peoples pull, as it prolly was permissable, but the atty is a completely different matter, what possible reason would atty have to pull your CR? none!

also, have you checked for any inaccurate reporting? you may be able to add some extra violations if theres an inaccuracy.

does anyone want to weigh in as to whether the claim that these people are not licensed is a counter-claim or an affirmative defense? please?

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Thanks Tatiana for your help. Yes that is now what I am trying to figure out. I still believe that the lawyer had no right doing a Pull other then looking for assets. Now here is what I want to prove. They had another account of mine which i never let down on any dv's and they are gone, Now were they pulling for that account? Were they pulling for the one in suit?? I want them to prove their pull was for permisible purposes.

Some are very confused on how they can sue me, which i am to, I posted another post for this one,, but just because they purchase the debt, does not make them a creditor correct, because if they were a creditor they would not have be licesned, either way make them prove it

But, am I am locked on my motion because i don't know if I can counter claim or what to say

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Unifund isn't listed as being licensed. Also, a search on the Illinois Secretary of State website show Unifund's corporate status as being revoked.

SInce they don't have a license or are properly registered with the state, I don't see how they're able to legally transact business, including filing a lawsuit.

schell, you need to add this in too. not only are they not licensed to be a debt collector, their corporate status has been revoked, and if i am reading your law there correctly, thats a double whammy for you! if they do not have a corporate status, they do not exist in the eyes (or laws) of your state, therefore they cannot maintain this legal action against you.

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I have already filed complaints against them. The rep that I spoke to also asked me if I had already done so,, hahah,, dead collector in the house!! their party days are over, also just got a response from the Attorney General Office, its' been past off to the apropriate department and I shoudl be hearing back from them. The last half our of my day has gone pretty damn good!

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so this is part of my motion to file a complaint, what are my damages do I list the damage

you would have statutory damages and costs (like the $25 you HAD to spend to prove your case against them) dont know if you have any punative, maybe emotional distress? i have no idea how you put a figure on that tho. i would just go for statutory.

good going on kicking their butts!

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