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IL Appellate Court Vacates Judgment Against Debtor 10/22/12


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ILLINOIS Appellate Court VACATES Judgment Against Debtor Based on Failure to Comply with Illinois Collection Agency Act's Account Assignment Provisions

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/Opinion...ct/1111690.pdf :mrgreen:

Edited by risenup
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