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HELP Illinois Small Claims Filed in TIME CRUNCH

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Just as an update, after several weeks we recieved a copy of the Court Record Sheet from the clerks office. In the notes it stated that our Motion to dismiss was denied.  Several weeks later we recieved a letter from Schindler law Firm asking us to call and discuss a settlement. Of course we did not reply. Since Schindler has subbimited a motion for Telephonic Testimony by an un-named person. We are filing a response based on several fronts. First we can not see the witness to study body language, see if they are reading from notes and of course we wouldn't know if they had an attorney coaching them. We also included trustworthyness of the witness, should it be the affivaiant good old Giovonni R. is named in numerous lawsuits nation wide. It may be late in the game but we are also filing a Motion for Discovery to include interrogatories for their witness. The worst the Judge can say is no.

 

We have found the Judge in our area to be forgiving - and understanding. Our first hearing was the wife's first time testifying in Court. I had notes ready for her but she was very nervous as you can imagine, but prepared the Judge overlooked the that and her mistakes, so I am here to tell you "DON"T BACK DOWN" . We are holding our own thanks to everyone here.

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YES! I have not posted in a while as not much happened until we had a hearing yesterday.  Calvary Portfolio & Schindler Law Firm had filed a motion several months ago requesting a trial date and permission to use telephonic testimony of an un-named witness. We countered with a response to the motion that explained Illinois has not yet defined the use of telephonic testimony, nor could we find any case law on the subject. We emphazised that this would put a Pro Se defendant at a distinct disadvantage. Adding that our research indicated that a telephonic witness may not be as honest as not actually being in the court room, could be working from notes and may have a lawyer coaching them. It does not give the defendant the chance to observe the witness for body language or other signs that would give clues to the truthfullness of the witness. Also it would make it impossible to assure the evidence presented in court was the same being used by the witnes.

 

This is a small claims and Discovery is seldom granted  BUT since Shindler left the door open we jumped on not naming the witness. We filed a Leave of Court to file for Discovery along with a Motion for Discovery to include a witness list, all documentation and interrogertories.

 

As normal Schindler has hired a local attorney to handle the case. Prior to the hearing he approached us and asked if we had reached a settlement, we told him NO, we were her to argue Schindlers Motion and have ours heard. He didn't know what to say. I want to point out this is the second different attorney Schindler used, we don't know the reasoning behind this however Schindler, who had recieved notice of our response and motion 7 weeks earlier did not foward this information to this attorney. Before the judge he advised the Court he was at a disatvantage because he thought he was there to present the Montion for Telephonic Testimony, set a Court date and had a hand written note advising him to object to our Motion.

 

Bear in mind, the last time we had a hearing, Schindler did the exact same thing, that attorney was also clueless that we also had motions before the court and had to ask for an extension.

 

I had my wife, who is the defendant point out to the Judge that this was the second time the Plaintiff's attorney was unprepared. You could see that he took note of that. The Plaintiff's attorney was visibly angery and told me I was not not part of the case and to sit down, Having some court experience I just looked at him and turned to the Judge who defined me as an "Advocate" and I could remain as long as I did not address the court. Lesson: The Court Room belongs to the Judge, do not let the opposing attorney tell you what you can and can not do, do not be intiminadated.

 

The Judge ruled on our Motion for Discovery first, he explained that seldom is Discovery allowed in Small Claims that it is by leave of Court and his policy is not to permit it as we would get everything at trial. I did not expect to win this. He then ruled on the Motion for Telephonic Testimony, he denied the Motion!! Explaining that he has never and will never allow it. A witness place is in Court. he told the Plaintiff's attorney that they would have to have any witness they wish to use appear.

 

I consider this a huge win. Calvary Portfolio and maybe Schindler now have to come to Southern Illinois, at their expense if they wish to go to trial. Even if they bring the one unidentified witness they were talking about, think about the hearsay problem this will present for them.

 

My advise to you is to stay in the fight. As you see from our experience Schindler Law Firm is not great at preparing the attornies they hire for court. Don't be afraid to file responses and counter motions it seems they can't or won't take the time to take you serious. ::punk::    Again thanks to everyone that has helped, we are more than happy to share what we have learned via a pm.

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Nice work in court. Sounds like things are coming together for you nicely. 

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I hadn't heard from you in awhile, I'm glad things are getting awfully sticky for them. Let me know if I can be of help still!!!

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UPDATE  Set for trial in July. We are ready! Just recieved the second letter from Schindler law firm asking us to call and settle, we of course will not respond, will update as things occur. Again thanks to everyone.

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OK, I guess we are going to trial! We have recieved two letters from Schindler Law Firm asking to call and settle. We ignored both. Trial date is set. They have notified us they will have one witness. As our MFD was denied I don't have a clue what I am going up against. Any help with what I should be prepared for would be greatly appreaciated!

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Who is their witness? Is the witness an employee of the OC or JDB? I know there isn't any discovery in SC, but they ask them to produce the forward flow agreement and bill of sale. Even if they produce a bill of sale, challenge it til the end.

 

Get ready to say objection! Heresay! to just about everything.

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DISMISSED!!!!!!!!!!!!!!!!!! Calvary and Schindler law firm strike out!! This forum is awesome, we could have never done it with out all the help from everyone here! Thank you Thank you Thank you. :yahoo:

 

So today was our trial date, I thought I had another week but, anyway this is how it went down. Schindler had sent us a letter stating that they would have one witness appear that could prove title. We prepared to tear down that witness creditabilty and had our cross exam ready, thanks to all of you we walked into court nervous but prepared. Besides court staff there were only three other people in the court room, no one in the hall. I thought "does this mean no witness ". There lawyer a local asked to speak with us. He asked if we had reached a settlement with Schindler, we responded no we were there for trial> He started to quote some case law that Calvary owned the debt and could legally collect and asked what kind of settlement we were looking for. :<img src=:'>  My 5'0' wife who is the defendant looked up at this 6'3' 300 lb sleazebag who has been trying to intimadate her for the last 11 month and said " We are not her to settle, we are ready for trial and intend to make you prove your case". End of conversation. :ROFLMAO2: The Judge call us up and before she could say a word their attorney handed the Judge a motion to dismiss stating that Schindler was unable to have their witness there at this time!! We asked to dismiss with predjucie but this was declined. My only regret is that I didn't have a motion to dismiss with predjuice prepared to counter their motion. The advice on these forums is very revelant, don't back the JDB's don't want to go to trial. My wife ahd never been to court before this and was scared to death, with each hearing and reading others stories she gained confidence, I would't say she was nervous today she had the knee knocks, the shakes and huge butterflies, :HeartRX:  but she went, made some mistakes took her lumps and came out on top.

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Papa Cop,

 

This is great news. I'm sorry the mtd I had you file a long time back didn't do the trick at the time, but in the end, the result was the same! When you wrote the other day that they were trying to get you settle and that there would be a witness there, my BS indicator went off the chart. I'm glad you didn't bite. I'm sorry, but no one is going to send a witness down to where you live over the amount in question. You literally live somewhere right around where Jesus left his sandals.

 

Great job!

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