Sign in to follow this  
Lakers

Small Claims Filed Against Me

Recommended Posts

Hello, I was summoned in person for Small Claims. I am seeking advice as what I can do before this going to court. I do not want to lose in court and would like to resolve this out of court and have the case dismissed.

Thank you in advance, if you need more information just ask!

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC

2. What is the name of the law firm handling the suit? Freedman Anselmo Lindberg LLC

3. How much are you being sued for? $860.27

4. Who is the original creditor? "redacted" of GE Bank

5. How do you know you are being sued? I was served.

6. How were you served? In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None.

9. What state and county do you live in? IL

10. When is the last time you paid on this account? I am within the SOL.

11. What is the SOL on the debt? 5 years

12. What is the status of your case? Not updated yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? Approximately 2 weeks.

16. What evidence did they send with the summons? None.

Share this post


Link to post
Share on other sites

Find the GE cardholder agreement and find the arbitration clause. That should get rid of this, it can cost thousands and they'll never pay for it.

Share this post


Link to post
Share on other sites
Find the GE cardholder agreement and find the arbitration clause. That should get rid of this, it can cost thousands and they'll never pay for it.

I am having trouble finding the GE cardholder agreement which was through the *redacted* company. I called GE to get the agreement but they have stated the account has been sold to the place that is suing me. I am sure either way there would still be a arbitration clause?

Would the example form from the thread "The strategy and steps of arbitration" work here (cannot post links) for me to use as a form? I imagine I would then send it to the Attorney for Plaintiff? If not, how would I go about obtaining a form to fill out?

Share this post


Link to post
Share on other sites
Who was this from? Paypal, or some store? The agreement should be on line. Just Google it.

I was able to find the agreement, I missed it before and it is through a car service. If I read this all correctly, I should have no issue with filing an arbitration.

It mentions how to start the process, etc. Would I be in the right direction if I filled out the "ICDR Notice of Arbitration Form" from AAA (American Arbitration Association) or the "Demand for Arbitration" form from JAMS and sent that to the attorney and/or plantiff.

Share this post


Link to post
Share on other sites

JAMS is the one you want. See their web site. They are very expensive, this should get rid of this. The cost can run six figures. NO jdb will pay 6 large to arbitrate an $800 account they bought for 2 cents on the dollar. Would you?

Share this post


Link to post
Share on other sites
JAMS is the one you want. See their web site. They are very expensive, this should get rid of this. The cost can run six figures. NO jdb will pay 6 large to arbitrate an $800 account they bought for 2 cents on the dollar. Would you?

Not at all. Now once JAMS, the Attorney and Plaintiff have received these forms/etc. Whom can I expect to hear from? or any more additional information I might need to know as this entire process and such are new to us.

Share this post


Link to post
Share on other sites

If I end up having to go to court, since apparently it takes about 2 weeks for it to be filed and it is coming up fast. What can I say to the judge to get the case dismissed or whichever happens from then?

Share this post


Link to post
Share on other sites

If nothing was attached with summons Motion to dismiss based on deficient claim.

For breach of contract it should be dismissed for the following reasons:

In violation of Section 735 ILCS 2-606 of the Illinois Code of Civil Procedure, no contract is attached to the complaint, nor does the complaint state that no contract is available and explain its absence.

If the complaint alleges that plaintiff “purchased” the “account,” but no assignment is attached, nor is there any explanation for its absence is another reason for dismissal.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this