Spikey

Asset Acceptance vs. Me in IL: Update 6/6/13 Asset BEATEN!

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@Cmort1026 You're in good hands. Small claims is a little different than my case since it's mandatory arbitration rather than small claims but my Motion of Summary Judgement has many elements you can use in a motion to dismiss.

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@Spikey If AA approaches you with a stipulated dismissal, read carefully, as the slimebags always add "each party to bear own costs." Say no way Jose, I want my appearance fee at a minimum!!!

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@Spikey If AA approaches you with a stipulated dismissal, read carefully, as the slimebags always add "each party to bear own costs." Say no way Jose, I want my appearance fee at a minimum!!!

 

I'd weigh that out. If it is a dismissal with prejudice and this is gone forever, think about how important that appearance fee is to you.

JMO

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@gwheelock915 & @Flyerfan It's a wait and see at this point. They've put so little effort into the case that I'm not sure what to expect. There isn't an outcome that wouldn't surprise me from stipulated dismissal to not bothering to showing up for the motion hearing to trying to oppose my motions. Whatever happens happens, I'll be ready for whatever they bring.

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My personal favorite was to set motions on days counsel wasn't going to be there. I would search the calendar online and figure out which day. They hated me for that. Waa waa, remember who dragged who in here, jackass. That way they had to send someone out from Chicago for one measly motion. And when they would call me a day or two in advance, I wouldnt answer, but would 'politely' return the call the day of the hearing or the day after (just got youe voicemail, sorry). Buffoonery at its best!

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Default judgement's are done on Tuesday's, motions are heard on Thursday's. It's likely their counsel will be coming down from the Chicago area just for my motions. I don't feel sorry for them.

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Spikey and all contributors:

 

I am having the same exact issue with Asset Acceptance (Illinois) and was hoping you all could answer a question for me.  

 

I came across this post two days before I was required to appear in court for answers so I did not have much time to prepare.  I requested that the court extend my court date to a later time which it was and have another court date for June 14th. 

 

My question is relatively simple, should I mail off admissions to Asset Acceptance (same as Spikey) or wait until the next court date and contest the complaint based on no contract attached to the complaint or valid proof they actually own the debt?

 

My thought is to attend the court date and contest the complaint which would either dismiss the complaint without prejudice making Asset amend the complaint.  Or trigger a trial date which at that time I would then start requesting admissions. 

 

I just do not know which to lead with first.  Any and all help would be greatly appreciated.

@Cmort1026

 

Do exactly as I have done HERE. Heck, even copy and past my motion to dismiss with your info into it. I'd love to see A$$et lose another one! Good luck!

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Minor update, got my return receipt back yesterday, so Asset's counsel has my motions. All quiet otherwise though. I'm assuming they will make no effort until the day of the motion hearing since Illinois allows opposition to file counter affidavits any time up to or at the motion hearing. Of course any new affidavits have to be made based on "personal knowledge" which Asset does not have.

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So, the motion hearing for my MIL and MSJ are next week. I've reviewed my motions already and am going through my referenced case law now. After that I need to review the code of civil procedure, rules of evidence and the appropriate supreme court statutes including rule 222 regarding disclosure. I want to make sure I'm ready for anything they could throw at me at the last second. I also need to prep my presentation notes in case I freeze up as I'm sure to be nervous since this will be my first time presenting to a judge. 

 

Does anyone have any words of wisdom or thoughts?

 

Thanks

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I agree that you'll do fine.  Stay calm and professional.  Think before you speak.  Don't let the other party's words or actions "push your buttons".  

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@BV80 I have professional presentation experience so it should go okay. Just nervous since I've never presented anything to a judge, not to mention the possibilities of interruptions.

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@Spikey

 

See there.  You already have an advantage.  Most people don't have professional presentation experience, so it's very possible the attorney won't be used to a defendant who has such experience. 

 

As long as you're respectful and abide by the court rules, you'll do fine in front of the judge.  Perhaps some other members can offer suggestions as to how to handle possible interruptions without appearing flustered or angry.

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Another suggestion I have is rhythm. A long pause in your speaking can give the judge the opportunity to interrupt. Keep a good rhythm to make sure you have your entire point heard.

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Another suggestion I have is rhythm. A long pause in your speaking can give the judge the opportunity to interrupt. Keep a good rhythm to make sure you have your entire point heard.

That's part of the reason I write out my presentation when I do professional ones. That way I'm not stumbling over my points if I get confused or flustered. Also it's good back up to make sure I don't miss anything critical.

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Update: Had court this morning to have my motions heard. Got to court about 30 minutes early. Figured I'd have to wait a while but they opened the court room doors 15 minutes early. Checked in with the clerk, she mistook me for an attorney (I wore my best suit and "lucky" presentation tie) and told me that the files were on the Plaintiff's table. I clarified the situation and she told me to sit down and wait for my name to be called.  So I sat down to wait, reviewed my presentation notes and motions until the Attorneys started filing in right around 8:30, then the judge comes in right at 8:30. Waiting, waiting waiting, nervous of course. the Plaintiff's counsel hasn't shown, it's 8:40, still a show. I notice that another attorney is presenting to the judge and the judge calls for the defendant who's a no show. So I go speak with the clerk, tell her that the opposition is a no show and ask her how long would I need to wait for them to show. She tells me that the opposing attorney for my case is usually handing family cases down the hall in another court room and will likely be running back and forth between court rooms. She would get the file to the judge and let him to decide what to do. So, still waiting, which isn't totally wasted time since I got to watch the judge work. There were a couple of other Pro Se cases that he heard and to one couple he was very kind and explained things to them, with the other he explained things but was much more stern because they had been in front of him before and failed to do what he told them to do. A little after 9am the judge looks at my file and then sends the clerk off to do something. She comes back a little while later, tells that something is going on and that the judge will address it in a moment. By this time the court room was almost empty. Expecting some sort of game by the opposition, my first thought was that they're going to claim that they weren't properly noticed, so I immediately went to my folder and pulled out a copy of the CMRR for that mailing. The judge calls me up, says that the opposing attorney wasn't there because they voluntarily dismissed and the notice for it is in the mail. The judge was just about ready to dismiss the case for want of prosecution but I jumped in with an objection, saying that I filed my motion before they filed there's and that my motion should be heard first per the code of civil procedure . The judge replied to me that he would need proof that I noticed them, I pulled out the CMRR and said here's the certified receipt signed by their office showing that they received the notice of the hearing. The judge asked me to give him a second to finish another case and then we'd get back to it. I immediate pulled out my phone and loaded up the code so I could find the section for the judge. Section 2-1009 backed up my point. I also spoke to the Clerk and ask if they'd filed anything which distracted the judge and he seemed a little annoyed, although I think he was more annoyed with the case he was hearing.  I apologized to the judge when we continued. Anyway, the Clerk said they hadn't filed anything. Sat back down, waited for my turn. Some case over a motorcycle. Anyway, I get called back up, we talk things over briefly, he turns on the recorder, goes over the case, makes sure to mention that opposing  counsel isn't there, and that's it's 9:30 now, so we're proceeding without them. He has me cite the code section backing up hearing my motion before a voluntary dismissal, although the code section does say may hear the motion which he questions me about, and then he states that it's at his discretion to hear it, but he feels that hearing my motion is warranted. He then states that he's read my motion, he's also thumbing through it at the same time and before I can say another word, he grants my motion!!! Which is With Prejudice by the way. He then tells me that he'll write up the order and get me out of there. Wait a little bit, we writes it up and hands it to clerk, saying to her that the plaintiff didn't bother to show and why should he (as in me) not get his day in court. Weight lifted, good bye Asset. No giving up for you.

 

TLDR: I BEAT ASSET WITH PREJUDICE!!!!!!!!!!

 

Quite a few people helped me get here and I want to thank each and everyone of them, special thanks to @gwheelock915, @Flyerfan, @upsman40, @BV80, @BrunoTheJDBkiller, @howucan2, @coltfan, @admin for starting this wonderful resource & everyone else that's helped me, be it directly in this thread or by example in other threads. I couldn't have done this without the wonderful members of CIC.

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That is an awesome story. You were well composed and handled it beautifully!

 

Congrats!!!

 

:DiscParty:

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Congratulations and well done!!!   And you thought you were going to be nervous.  If you were nervous, you sure didn't let it stand in the way of requesting that your motion be heard.  :-)

 

Great job standing up for yourself!  :wave:

 

::band::  ♫ Another one bites the dust!

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@BV80 Oh I was nervous, but it was a little easier without the Platintiff's counsel present and thanks to @gwheelock915 for mentioning that I could have my motion heard even if they tried to dismiss.

 

By the way I completely forgot to thank @ddd333 who's motion to dismiss was the basis for my motion.

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Great Job! I got Asset off my credit report a few days ago ;-)!!!

 

By the way with the dismiss with prejudice, you can dispute the entry with the 3 CRA and get it deleted!!

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Excellent work!! If you paid your appearance fees, wait a few weeks then send them a friendly reminder they owe you your costs. Send a copy of the court order along with it, you know, just in case they don't have it.

 

The great thing is now, you have everything you need to win your next case, and the one after and so on. Control-P and file, repeat!

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