maryv Posted October 23, 2007 Report Share Posted October 23, 2007 Hi everyone! Was wondering if anyone here ever filed for Discovery in Court against a JDB. If so, how did you do it?Thank you in advance! Link to comment Share on other sites More sharing options...
maryv Posted November 5, 2007 Author Report Share Posted November 5, 2007 Hi everyone. I just received a letter over the weekend from the attorney for the JDB LVNV funding (we had an initial court date on 10/17, trial is set for 12/21) stating that LVNV funding is willing to "settle" for 60% of the balance. Question, am I wrong when I think that this is a ploy for them to get money out of me because they know if we go to trial they will lose because they probably don't have any evidence to back up their claim or is it just wishful thinking on my part. I can't settle this even for 30% because the bill is over $9KThank you in advance. Link to comment Share on other sites More sharing options...
flycouture Posted November 5, 2007 Report Share Posted November 5, 2007 I always take the approach that they do not have the proof. Most people have the underlying belief that they do. Most of the time they don't. You see this with the number of withdrawals on casing actually faught in court. Most consumers don't show up cause they assume that the ca has everything they elude to in the letters they send! Don't assume anything when it comes jdb. If you don't have money to settle. Then I would take the prove evrything approach. Link to comment Share on other sites More sharing options...
Methuss Posted November 6, 2007 Report Share Posted November 6, 2007 Illinois rules of civil procedure require that the plaintiff show that they have made an effort to settle matters out of court before requesting a court to intervene on the matter.Generally, LVNV does not have sufficient documentation to support a claim. You should send a discovery notice (or better yet, have your lawyer do it) requesting full chain of title, complete billing history showing every debit and credit applied to the account from its inception (to show proof of amount claimed), and anything else that is relavent. Illinois does follow the Uniform Commercial Code, so if they don't have proof of chain of title, then you can ask the court to dismiss as they have no claim.Oh and one more thing. Look up Rule 222 for the Illinois Code of Civil Procedure. There are a number of documents that they are required to file with the court before trial. If they fail to do so, their case is dismissed in its entirety as soon as you point it out. Link to comment Share on other sites More sharing options...
maryv Posted November 6, 2007 Author Report Share Posted November 6, 2007 Thank you both!Methuss, how do I go about sending a "discovery notice"? I don't have an attorney (can't afford one) and if you can tell me how to do this, I'd really appreciate it. Link to comment Share on other sites More sharing options...
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