Appellate Court Decision about JDB complaints in IL

[HobbesMG]

I wanted to make sure that everyone heard about this ruling in Illinois, especially the Illinois folks. This ruling dictates what a debt buyer MUST attach to a complaint to make it valid. Without the docs, you can move to dismiss the case entirely.

The nice part is that a business statement that shows exactly what the debt buyer paid for the account is part of the requirements. That will add another level of defense if the case moves forward. The debt buyer will be hard pressed to get a judgment for the total amount when they paid .10 on the dollar or less for it. Read closely on pages 14 and 15.

http://www.state.il.us/court/Opinions/AppellateCourt/2011/1stDistrict/February/1100855.pdf

Edited April 5, 2011 by HobbesMG

[debtfighter]

Very insightful. Thanks for the post.

[Xcalibar]

Wow!

This case is Greeeeaaaaatttt not only for people in Illinois, but for understanding how to combat a JDB anywhere who does not properly present an assignment.

Just presenting the Court with a piece of paper with a consumer's name on it and a purported account number on it does not make for a legitimate claim upon the defendant consumer.

Thank you very much for sharing.

[risenup]

ILLINOIS Appellate Court VACATES Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions (10/22/12)

The Illinois Appellate Court, First District, recently reversed a lower court's denial of a petition to vacate a collection judgment after trial where the debtor failed to answer or appear, based upon the collection agency's alleged failure to comply with the account assignment requirements under Section 8b of the Illinois Collection Agency Act.

The Court ruled that the debtor's meritorious defense to the collection claim was "more important" than whether the debtor exercised the due diligence required by the Illinois Code of Civil Procedure. (article src: Consumer Lending Law Developments: FYI: Ill App Ct Vacates Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions )

CAVALRY PORTFOLIO SERVICES v. GERARDO ROCHA - A copy of the opinion is available at: http://www.state.il.us/court/Opinions/AppellateCourt/2012/1stDistrict/1111690.pdf

Edited October 29, 2012 by risenup