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Illinois advice?


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I just called the clerk today to check and see if I could have a family member file a motion and my answer for me, and they informed me that I have to pay a $125 fee just to file my answer (via appearance form). Anyway, the lady told me that I am required to file my answer before I can file any motions.

My summons was served to my mother's house 09/08/11.

It says:

You are hereby Summoned and required to appear before this Court, located at XXXXXXXXXXXXXXXXXXXXX room XXX at X:XXam on OCT 0X 2011 to answer the Complaint in this case, a copy of which in hereto attached. If you fail to do so, a judgement by default may be taken against you for the relief asked in the complaint.

Am I allowed to file motions before this court date and do I have to file an answer at all?

and if I can file a motion before the case, am I actually required to send my response (appearance) + fee in order to do so, since the Summons does not say this (that is a separate check box that is not checked).

I have lived in Wisconsin since January and have not lived at the house which the summons was delivered for over three years. It is over a 2.5 hour drive to the courthouse.

Edited by crapitalonehelp
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Who is suing? Original creditor or JDB?

If you no longer live in Ill, you can file a motion to dismiss based on the fact you no longer live in the venue.

I am not sure what JDB stands for, but it is Blitt & Gaines PC. The summons says "CAPITAL ONE BANK (USA), N.A.

Ohhh Junk Debt Buyer. The bad debt was charged off, but I think it's still Cap1 owned.

So if my summons says that I am required to appear, as opposed to "You have to file an answer", am I allowed to file a motion without filing an answer?

The "you have to file an answer within 30 days" box is not checked.

The "You have to appear..." box is checked.

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Contact the clerk with the court where the case related to you was filed to get the information on the change of venue process, the clerk should be able to provide/direct you to the proper form you need to file. You must do so w/in 30 days of receiving the summons.

DeKalb County Circuit Clerk

Maureen A. Josh - Circuit Clerk

Courthouse

133 West State Street, Sycamore, IL 60178

Hours: 8:30 A.M. - 4:30 P.M.

(815) 895-7138

FAX: (815) 895-7140

mjosh@dekalbcounty.org

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Add’l links you & others in DeKalb County, IL may find helpful:

All Court forms for Dekalb County: Court Forms

http://www.circuitclerk.org/Civil/SMALLCLAIMSBOOKLET.pdf

Sixteenth Judicial Circuit - Kane, Kendall, & DeKalb Counties: Local Court Rules

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Circuit Clerk Maureen Josh announced the opening of a new online legal self-help center for residents of DeKalb County today. The new center will be accessible from any computer connected to the internet 24/7 at Legal Self-Help Center: DeKalb County, Illinois (Legal Self-Help Center: DeKalb County, Illinois )

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* 735*ILCS*5/*Code of Civil Procedure.

(735 ILCS 5/2 104) (from Ch. 110, par. 2 104)

Sec. 2 104. Wrong venue Waiver Motion to transfer. (a) No order or judgment is void because rendered in the wrong venue, except in case of judgment by confession as provided in subsection © of Section 2 1301 of this Act. No action shall abate or be dismissed because commenced in the wrong venue if there is a proper venue to which the cause may be transferred.

(B) All objections of improper venue are waived by a defendant unless a motion to transfer to a proper venue is made by the defendant on or before the date upon which he or she is required to appear or within any further time that may be granted him or her to answer or move with respect to the complaint, except that if a defendant upon whose residence venue depends is dismissed upon motion of plaintiff, a remaining defendant may promptly move for transfer as though the dismissed defendant had not been a party.

© Motions for transfer to a proper venue may be supported and opposed by affidavit. In determining issues of fact raised by affidavits, any competent evidence adduced by the parties shall also be considered. The determination of any issue of fact in connection with a motion to transfer does not constitute a determination of the merits of the case or any aspect thereof.

(Source: P.A. 83 707.)

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County of DeKalb Illinois Official Government WebPage

Forms and Publications

__________

I'm not a lawyer, so in all legal matters, it is advisable to seek the advice of a professional. All posts are just my opinion.

Edited by risenup
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Call the attorney and let them know you no longer live in IL. Tell him he needs to dismiss or you'll file an FDCPA suit in WI for filing suit in the wrong venue.

I already sent their attorney a letter CRRR stating that they filed a suit against me in a state which I do not reside and that I elect arbitration via JAMS to solve any of our disputes. Should I still call them?

Edited by crapitalonehelp
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