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Another question this time MTD


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The first steps of my strategy are to file my answer and affirmative defenses, then file MTD based on claim is deficient. Illinois rules require attaching written contract or cardholder agreement to original complaint and they failed to do so. There is ample case law supporting this as reason to dismiss without prejudice but I want to argue that this should be dismissed with prejudice, that they should not be allowed to amend complaint and refile. After all, they are a huge corporation with benefit of counsel who files massive amounts of similar claims all over the state. Surely it's reasonable to expect them to follow a very simple rule that forms the basis of the case.

Would be be advantageous to look at a good number of recent cases they filed in my county to see if they attached the written contract to any of them? If I can show they have a pattern of ignoring the law regardless of which attorney is filing for them wouldn't that negate their ability to claim clerical error and ask for dismissal without prejudice?

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