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HELP Please! Just got served for IL Cook County Court in TWO days!


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Just got served a summons w/complaint late on Friday right (was actually given to my bf, I wasn't home at the time) RIGHT before leaving for Labor Day weekend! UGH!! Court is in two days and am trying to get all my ducks in a row. Please help!!! ALL is much appreciated!

Complaint is as follows:

1. The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its assignors whereby Defendant(s) could charge goods and services to their account and/or receive cash advances.

2. The Defendant(s) subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due Plantiff of $XXXX.XX

3. Due demand has been made on the Defendant(s) to pay this amount andthe Defendant (s) have failed to do so.

WHEREFORE, Plaintiff prays for judgemet against the Defendent(s) in the amount of $XXXX.XX plus court costs.

I know I need to file an appearance and answer to the above complaint which I am doing tomorrow (day before court date) and currently have as:

Allegation 1: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "charge account and/or line of credit issued" and "the account."

Allegation 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper.

Allegation 3: Denied: This request calls for admission of matter defendant has denied and thus it is improper.

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

AS AND FOR AFFIRMATIVE DEFENSES

1. Plaintiff fails to state a cause of action against the defendant (or) Failed to state the basis of the lawsuit: They did not cite an actual state law which was violated

2. The action is barred by the Statute of Frauds: No contract exists as proof (and/or) Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.

3. Failure of Consideration: No exchange of money or goods occurred between the plaintiff and the defendant.

4. The court would unjustly enrich the plaintiff by granting the relief sought herein.

5. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

Are these the best? What other Affirmative Defenses can I use? SOL is not up yet as IL is 5 years and payment was stopped about 3 years ago (stopped paying all debts then). As many others, I lost my job and couldn't find anything stable. I am back in school now living with my bf (he pays all bills) and am without an income.

What questons will the judge ask me? I don't want to say anything incorrect. I did have a couple of cards with AmExp but the complaint did not have any copies of what account (or account number of what they are suing me for)...without proof of what this debt is for I believe my answer to complaint is valid, correct? They did attach an affidavit from the "Assistant Custodian of Records from the Plaintiff"...and was wondering if I should file a Motion to Dismiss at my case on Thursday (2 days from now)

Basically, I need any AND all info on what forms I should have/file, who I need to send them to, what to say to the judge...everything to help me win this (if possible)

Thank you so much in advance for your assistance!

Being Sued: Answers to the following questions (as much as I possibly can):

1. Who is the named plaintiff in the suit? American Express Centurion Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) X & X, P.C.

3. How much are you being sued for? About 5K

4. Who is the original creditor? (if not the Plaintiff) Believe Am Exp which is the plaintiff

5. How do you know you are being sued? (You were served, right?) Friend was given papers, she gave to me on same day

6. How were you served? (Mail, In person, Notice on door) see above

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

Process Service Requirements by State - Summons Complaint

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? Cook County, IL

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) over 3 years ago

11. What is the SOL on the debt? To find out: 5 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served last week, written appearance and answer to complaint due TOMORROW (Return date)

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Have to respond by tomorrow

Complaint is as follows:

1. The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its assignors whereby Defendant(s) could charge goods and services to their account and/or receive cash advances.

2. The Defendant(s) subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due Plantiff of $XXXX.XX

3. Due demand has been made on the Defendant(s) to pay this amount andthe Defendant (s) have failed to do so.

WHEREFORE, Plaintiff prays for judgemet against the Defendent(s) in the amount of $XXXX.XX plus court costs.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Yes, Affidavit from Assistant custodian of records for the plaintiff

No statements attached

No Contract

Exhibit for pursuant to service members civil relief act showing no active duty service as of May 2012

____________

Additional questions:

1. This court is not in my juridiction so should I file a specific appearance stating such and which court should be handling case? They initially filed a summons back in Jun, but had to file an alias summons after as they tried to serve it to an old address.

2. On alias summons says I need to file appearance at or before 930 am tomorrow, but I called the clerk and he said I would just need to file it before close of business (he said it was an inside secret and wouldn't tell me anything that would warrent me to sue him)...tho I'm thinking I should file it before 930 as what the paper states. ://

3. In reading multiple cases/websites I am unclear as to if the lawyers will need the actual contract or can just use a photocopy of an old statement...I've heard of judges accepting the copy and stating a contract is not needed...is this true?

4. What is the best suggestions for answering/defending the complaint. Please be as concise as possible as I need to get all of this together today and am slightly freaking out! eeks!

Thank you everyone for assisting!!!

Edited by PositiveStrides
UPDATING INFO for more/specific assistance
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Hi!

I'm in California and am dealing with the a similar situation - you definitely need to be getting help from someone in IL, but I thought you should probably answer these Introductory questions for the forum and then someone from IL will definitely be able to help you!

As far as Affirmative Defenses, please know that you will be expected to defend any that you list, so make sure they actually apply to you & you know why they apply to you...the ones I chose (listed in my thread) may be perfect for your case as well, I'll do a second post here once I've posted the questions you need to answer so that people are better able to help you. Use XXXX's for account numbers, round up or down on your amount being sued for, and keep information that is easily searchable by the lawyers a little less searchable - like X & X Law Group rather than the actual name of the lawyers.

Here are the questions from the forum:

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Edited by ReadytoWininCA
Just fixing stuff....
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My thread:

http://www.creditinfocenter.com/forums/there-lawyer-house/315816-ca-asset-acceptance-open-acct-acct-stated-s-about-discovery.html

If you check out my thread first before answering the questions above, the first thread I created I answered the questions, so you can see how that looks.... My answer was done on pleading paper (in Word 2003).

My answer was basically: I denied both generally & specifically each, every, and all of the allegations contained in said unverified complaint & denied that Plaintiff had sustained damages in the sum or sums alleged, or in any sum or sums, or at all.

And my affirmative defenses (I'm being sued for open account & account stated):

1) That neither the unverified Complaint nor any cause of action in the Complaint states facts sufficient to state a cause of action or claim against this answering Defendant.

2) Answering Defendant has had No Prior Course of Dealing with Plaintiff sufficient, or at all, to support this action or certain causes of action therein.

3) Answering Defendant has had no meeting of the minds or agreement as to the amount, if any, due and owed under the parties’ agreement, if any, sufficient to support this action or certain causes of action therein.

4) That as Plaintiffs’ unverified Complaint on file herein is set forth in conclusionary terms, this answering Defendant cannot fully anticipate all affirmative defenses and/or immunities that may be applicable to the within action. Accordingly, the right to assert additional affirmative defenses and/or immunities, if and to the extent that such affirmative defenses and immunities are applicable, is hereby reserved.

You definitely need to figure out what common counts or what causes of action they are suing you for and then search online to find out what elements must be proven by the lawyers on the other side in order to win - then you devise your strategy to defeat that - they must prove each element for each cause of action and if they fail to prove ONE, you WIN.

Find your courthouse online and you should be able to find the local rules and what is expected of you there (in general terms), brew some coffee or tea, you're going to be reading awhile!!! Also, remember that your strategy to fight this starts now, and anything you say or write or submit will be part of your strategy for the life of your lawsuit....Last advice, don't call the people suing you, they will not have your best interest at heart & could care less about you or your situation. You are just one of many they are suing, and if you fight this (which I believe you should do) you are rare indeed - but not on this forum, there are lots of us here! You CAN do this! Good luck!

Edited by ReadytoWininCA
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1. The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its assignors whereby Defendant(s) could charge goods and services to their account and/or receive cash advances.

2. The Defendant(s) subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due Plantiff of $XXXX.XX

3. Due demand has been made on the Defendant(s) to pay this amount andthe Defendant (s) have failed to do so.

WHEREFORE, Plaintiff prays for judgemet against the Defendent(s) in the amount of $XXXX.XX plus court costs.

I know I need to file an appearance and answer to the above complaint which I am doing tomorrow (day before court date) and currently have as:

Allegation 1: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "charge account and/or line of credit issued" and "the account."

Allegation 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper.

Allegation 3: Denied: This request calls for admission of matter defendant has denied and thus it is improper.

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

The Plaintiff has made allegations (claims), not requests. If you choose, you might state:

Defendant has insufficient information to admit or deny and, therefore, denies.

Defense #1 won't work. They've stated a cause of action.

Unless your state requires credit card contracts to be in writing, the Statute of Frauds is inapplicable.

If you're being sued by a junk debt buyer, Lack of Standing is a good defense. Who's suing you?

It would help if you'd copy and answer the questions in the following thread.

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

Edited by BV80
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