TripleD67

Looking for last minute advice

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Hi all. This is my first post on this site and I am looking for some last minute advice. I've spent as much time as I could trying to research this but its a little overwhelming. I am in the 8th district in Illinois and I am answering a summons tommorow afternoon. I have been told that I will only being asked if I accept or deny the charges and that I didn't have to file a formal answer to the complaint. Is this correct? Have I screwed up? If so whats next? An exchange of discovery requests? How do I go about this?

The plantiff listed is Discover Card represented by Weltman, Weinberg and Reis. I asked for debt validation a few months ago and their response is 4 years of reprinted statements. The first 2 of which have an incorrect address on them. Its my current address, but I have only lived here for about the last 2 years not all 4 of them. I read somewhere that's a big mistake on their behalf. Seems to me that would be considered fabricated evidence. Secondly they sent a copy of the user agreement that does not have my signature.

I know that this is VERY last minute but I would greatly appreciate any advice that anyone could give me. Thank you in advance

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Bring a lease or settlement sheet with you to show the time at your current address. You will need to prove to the judge that their evidence has been "fabricated".

Since they could not get the address correct, what else was made up in the statements that they are using to sue you? You cannot trust anything contained in the statements.

If the attorney gets you on the stand, they are going to ask you questions about your address, this account they are suing you for.... Deny that you owe anything, the answer " I do no recall" will suffice. Do you really remember signing that credit card application? Do you really remember all of the terms and conditions? Do you remember charging gasoline a year ago on this card? Probably not....

I would create a motion to dismiss, based on the fabricated statements and make a few copies to give to the judge, and attorney. So they have your argument on record and in writing prior to the start of the case itself.

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Hi all. This is my first post on this site and I am looking for some last minute advice. I've spent as much time as I could trying to research this but its a little overwhelming. I am in the 8th district in Illinois and I am answering a summons tommorow afternoon. I have been told that I will only being asked if I accept or deny the charges and that I didn't have to file a formal answer to the complaint. Is this correct? Have I screwed up? If so whats next? An exchange of discovery requests? How do I go about this?

The plantiff listed is Discover Card represented by Weltman, Weinberg and Reis. I asked for debt validation a few months ago and their response is 4 years of reprinted statements. The first 2 of which have an incorrect address on them. Its my current address, but I have only lived here for about the last 2 years not all 4 of them. I read somewhere that's a big mistake on their behalf. Seems to me that would be considered fabricated evidence. Secondly they sent a copy of the user agreement that does not have my signature.

I know that this is VERY last minute but I would greatly appreciate any advice that anyone could give me. Thank you in advance

I know that's how it was when my DH was in small claims court a while back, we're in the 16th circuit. You go, admit or deny, and if you deny then the judge sets a trial date. No discovery, you just bing your evidence and the other side brings theirs to the trial. If you are relying on case law, then you need to bring bring a print out of that case for the judge to look at. For instance, it was case law that finally set the 5 year SOL in IL for CC debt, if you were using SOL as an affirmative defence, you'd want a copy of that case at trial.

Since this was before I found this site, my DH just showed up at trial, and basicly said "proove it". The lawyer didn't have any evidence at all, so the judge dismissed the case. The lawyer figured DH would no-show so he didn't prepare. I wouldn't go so far as to say we got lucky, these lawyers are usually under prepared, but we should have had more to use against this joker just incase he did present something.

Edited by debtfreein18
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And pound it over and over again!

Feel free to say "yes your honor, they may have a point on that, but that does not over come (insert your winning point)".

I find that pounding the winning point over and over again is thee best strategy.

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Thank you for the quick responses! So after I go and deny today I type up a motion to dismiss based on the fact that their evidence has been fabricated and they lack a signed legally binding contract between the parties . I should also type up a motion to have their evidence tossed based on proven fabrication. I also bring proof of that fact that I did not live at that address in 2004-06. Do I file this between now and then and if so where? Would it be best to have an attorney do this for me? Sorry if my questions are obvious but I'm a newbie and want to be sure I do things correctly.

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I go to court tomorrow. I have prepared my defense proving that in fact I did not live at the address on the statements that they provided me to validate . Therefore their evidence is not a copy of the original and has been fabricated. I have paystubs from work, bank statements, and tax returns proving that I didn't even live in this state. This means that I would like to have their evidence dismissed. Is there a motion that I should type up and submit or should I just state it. Also is there anything else that I should say or do while I'm there to help my case. Sorry again for all the questions but I really don't want to screw this up. Thanks gang

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verbal is fine.

However, in my state, I always follow the formal rules of civil procedure on motions and type them up and properly notice them.

Based on what you said, you have a reasonable defense. However, take a look at some winning pleadings at your local courthouse. I'm sure you probably have lack of notice issues of terms of agreement or right to cure default under your stats laws.

Go down to courthouse and see what good consumer attorneys tend to argue in your state!

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Discover have a funky computer system that when they update your addy the old one goes poof so when they print off old statements they all show your current/latest addy that they have. The defence is to say Your Honor these can not possibly be a true and accurate copy as I did not live there on x y z date. Therefore nothing else can be relied upon. As it is not a true and accurate copy I object to this being entered in evidence. Also say they have not produced a contract, there is nothing that ties me to this alleged debt, they have not shown that have a claim upon which relief can be granted. Some judges will kick it some will listen to the explanation given by the clown attorney from WWR and allow them to be admitted. Object. But your honor this guy has just told you that Discover has a computer system that spews out incorrect information, by his own admission you can not rely upon this recycled garabe as accurate, how can you allow it? It is clearly fabricated. Do not rely upon this as your only defence, it is a known issue and you are relying upon the luck of the draw on the judge you get.

My understanding which is ONLY FROM READING OTHER MEMBERS ACCOUNTS ON HERE is that you will go to a small room in the court and meet with the other attorney in front of a judge for a quick oral exam on a very informal basis. Raise your objections and also the arbitration clause which bars them from suing. Do not forget to ask for the judge to dismiss it. He is unlikely to at this stage but what he is more likely to do is order a stay until after arbitration.

Ask True for how to handle that one if that is the end result. WWR will jump up and down and try to avoid arbitration but their client wrote the contract so it sucks to be them is the answer. If the judge allows it to go on. Appeal.

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In the contract it states that disputes are subject to arbitration by JAMS and this clause bars suit. Use it as your last line of defence if the others fail. Discover wrote the contract that they now want to seek relief on. Unfortunately that very same contract prevents them from using the courts at this stage to seek such relief. I would tell the judge how outraged I am that an attorney would waste the courts time with such a frivilous suit that has no merit or standing and ask for him to be sanctioned.

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I went to court 09/03 and the plantiffs lawyer filed a motion to dismiss without prejudice, my first thought was that they didn't feel that they had enough evidence yet and I didn't want to give them a chance to get anymore. I declined and told the judge that I had my proof and was ready to plead my case today and he dismissed with prejudice!!! Unbelievable!!! I couldn't have done it without all of the advice and information that I have recieved on this site. Eternal thanks to all that helped!!! One step closer to sanity!!!

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