Court Tomorrow Answer Complaint Here's What I've Got

[Clementine]

FIRST AMMENDED ANSWERS, DEFENSES AND COUNTERCLAIMS

Defendant, appearing pro se, for its reply to the Complaint of Portfolio Recovery Associates LLC (hereafter “Portfolio”) states as follows: All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless they are expressly admitted herein.

Answers

2.Defendant admits they are a resident of xxxxx County, Illinois

3.The Defendant has insufficient information to admit or deny, and therefore must respectfully deny. Defendant demands strict proof.

4.The Defendant has sufficient information to admit or deny, and therefore must respectfully deny. Defendant demands strict proof.

5.The Defendant has sufficient information to admit or deny, and therefore must respectfully deny. Defendant demands strict proof.

6.The Defendant has sufficient information to admit or deny, and therefore must respectfully deny. Defendant demands strict proof.

Affirmative Defenses

1.Lack of Standing. The Plaintiff has shown no proof that they are the owners of the alleged account and the real party of interest.

2.Lack of Privity. There is no agreement between the Plaintiff and the Defendant.

3.According to the Illinois Code of Civil Procedure Article II Part I Rule 282 Section (a) “Commencement of Actions. An action on a small claim may be commenced by paying to the clerk of the court the required filing fee and filing a short and simple complaint setting forth (1) plaintiff's name, residence address, and telephone number, (2) defendant's name and place of residence, or place of business or regular employment, and (3) the nature and amount of the plaintiff's claim, giving dates and other relevant information. If the claim is based upon a written instrument, a copy thereof or of so much of it as is relevant must be copied in or attached to the original and all copies of the complaint, unless the plaintiff attaches to the complaint an affidavit stating facts showing that the instrument is unavailable to him. In the complaint the Plaintiff references an agreement. There was not an agreement attached to the complaint, and there was not an affidavit showing that this alleged agreement was not available to him either.

4.Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

5.Plaintiff's Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

6.Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

7.Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8.Unifund CCCR Partners v. Mohammad Shah, Appeal from the Circuit Court of Cook County

We hold that, under section 8b of the Collection Agency Act (225 ILCS No. 1-10-0855

15 425/8b (West 2008)), a collection agency can establish an assignment of accounts receivable for collection purposes through documents attached as exhibits to the plaintiff's complaint where the identification of the accounts transferred, the consideration paid, and the effective date of the transfer of particular accounts are in multiple incorporated documents. However, such documents must be in the form of contracts of assignment or documents that are incorporated by reference into those contracts, rather than in the form of an affidavit. Plaintiff did not include any contracts of assignments or documents from the original creditor concerning this alleged debt. Plaintiff instead included an affidavit from an employee of Portfolio, who has no knowledge of the original creditor's business practices nor any knowledge of the original debt. The affidavit equates to hearsay and should be ruled inadmissible as evidence.

Okay, this is what I have for tomorrow. I am looking for pointers, ideas for improvements, anything I may have left out that I should include. Plaintiff did not say if this was for breach of contract or for account stated. They also did not include any dates that the account was opened how long it was opened, when I allegedly defaulted etc. They only stated the last 4 digits of an account number and balance owed. They also included an affadavit from an employee of the jdb. I'm very nervous and anything anyone could tell me or information anyone can give me would be appreciated. Would love to hear from fellow illinoisians as well, but comments from every geographical location are welcome.