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lyric

Weak Status documents...what's next?

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Hello!

I have been reading a lot here about court process after being served by Midland using Attys from Blitt & Gaines.

My story: I was served here in IL and filed my answer and affirmative defense. At the court date, the atty pulled a group of people outside (I'm assuming to settle) and we didn't go before the judge. When he called my name, I told him I needed more information on the matter. He writes up a continuance form and I signed it. Two months later, we're back at court and he hands me a copied one sheet from a credit card statement and some signed documents that says Midland bought the account. He asked me what I wanted to do and I said I needed to review the information. He wrote up another continuance and set a court date for middle December.

I have read about sending a burden of proof to demand the specific documents you want to request. But since I just met with this atty in the hallway, should I now sent a BOP? calawyer mentioned sending a motion to compel if they didn't provide the documents I requested, but I never requested in writing. Is it too late to do that? Is it a waste of time, or should I just file a motion to compel because the continuance form stated that the case was continued for "status documents?"

I want to send a BOP, so that I have on record that they did not produce what I will ask for (I.e. A full accounting of the debt, etc), but I need a little guidance. My court date is middle of December about 35 days from now.

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First question, Small claims or Mandatory Arbitration? How you proceed depends entirely on which one of these you fall under.

 

Per 735 ILCS 5/2-607 a BOP is supposed to be filed within 28-days of receiving the summons. Since you've had the complaint for at least 2 months now, you're too late.

 

Could you post a copy of the complaint with your personal information redacted, along with a list of the evidence they've provided so far?

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http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=6200000&SeqEnd=8800000

http://webcache.googleusercontent.com/search?q=cache:69-ndk6FowQJ:www.dcbabrief.org/vol231110art4.html+&cd=2&hl=en&ct=clnk&gl=us

 

(735 ILCS 5/2-606) (from Ch. 110, par. 2-606)
Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.
(Source: P.A. 82-280.)

735 ILCS 5/2-610) (from Ch. 110, par. 2-610)
Sec. 2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.
( b ) Every allegation, except allegations of damages, not explicitly denied is admitted, unless the party states in his or her pleading that he or she has no knowledge thereof sufficient to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge, or unless the party has had no opportunity to deny.
( c ) Denials must not be evasive, but must fairly answer the substance of the allegation denied.
(d) If a party wishes to raise an issue as to the amount of damages only, he or she may do so by stating in his or her pleading that he or she desires to contest only the amount of the damages.
(Source: P.A. 83-354.)

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First question, Small claims or Mandatory Arbitration? How you proceed depends entirely on which one of these you fall under.

 

Per 735 ILCS 5/2-607 a BOP is supposed to be filed within 28-days of receiving the summons. Since you've had the complaint for at least 2 months now, you're too late.

 

Could you post a copy of the complaint with your personal information redacted, along with a list of the evidence they've provided so far?

 

This is small claims.

 

1. Who is suing you? 

Midland Funding LLC

2. For how much? $5,1XX.XX+ Costs

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Got a summons

5. How were you served? Were you served? A process server handed me the summons at home.

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

7. Where do you live? Will county, IL

8. When is the last time you paid on this account? No idea.

9. What is the status of your case (if anything has been opened)? Open Case

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

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. NO

12. Does your summons require a response? Yes. I answered and filed an affirmative defense.

13. What evidence did they send with the summons? An affidavit?Affidavit

 

Complaint: 

Now comes the Plaintiff, and through its attorneys, Blitt & Gaines and complaining of the Defendants states as follows:

1. The Defendant opened an account with Citibank whereby Defendant could charge goods and services to their account and/or recieve cash advances.

2.  The Defendants subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due of $5,XXX.XX

3. Plaintiff is the successor in interest of said account having purchased account in the regular course of business and in good faith and for valuable consideration.

4.  Due demand has been made on the Defendants to pay this amount and the Defendant has  failed to do so.

Wherefore, Plaintiff prays for judgment against the Defendant in the amount of $5,XXX.XX plus court costs.

 

Continued for Status Documents at court date.

At continuance date, atty furnished:

Credit card statement that showed billing cycle closing date, previous balance, finance charges, account balance (like a account statement that may have been sent to me).

A percentage rate statement

A certificate of conformity that does not have the account number or my name on it - I think this could have been used for anybody's account

An affidavit of sale of account by original creditor that does not have the account number or my name on it

A bill of sale and assignment that does not have the account number or my name on it

 

What I would want them to provide:

- A pattern that demonstrates that I entered into a contract or agreement for this debt with the original creditor

- A full accounting of the debt from the account number of a signed agreement with the original creditor that proves that I used said account based on goods and purchases

- A bill of sale of an account that was used by me with account numbers or pattern of use that validates was mine (not just a general one)

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A BOP is only good in California. 

 

 

You might filed a motion for a more definite statement... 

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A BOP is only good in California. 

 

 

You might filed a motion for a more definite statement... 

 

Can you explain what you mean by "a more definitive statement'?    Since a BOP is not valid in IL, is a motion to dismiss for lack of evidence appropriate?

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This is small claims.

 

1. Who is suing you? 

Midland Funding LLC

2. For how much? $5,1XX.XX+ Costs

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Got a summons

5. How were you served? Were you served? A process server handed me the summons at home.

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

7. Where do you live? Will county, IL

8. When is the last time you paid on this account? No idea.

9. What is the status of your case (if anything has been opened)? Open Case

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

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. NO

12. Does your summons require a response? Yes. I answered and filed an affirmative defense.

13. What evidence did they send with the summons? An affidavit?Affidavit

 

Complaint: 

Now comes the Plaintiff, and through its attorneys, Blitt & Gaines and complaining of the Defendants states as follows:

1. The Defendant opened an account with Citibank whereby Defendant could charge goods and services to their account and/or recieve cash advances.

2.  The Defendants subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due of $5,XXX.XX

3. Plaintiff is the successor in interest of said account having purchased account in the regular course of business and in good faith and for valuable consideration.

4.  Due demand has been made on the Defendants to pay this amount and the Defendant has  failed to do so.

Wherefore, Plaintiff prays for judgment against the Defendant in the amount of $5,XXX.XX plus court costs.

 

Continued for Status Documents at court date.

At continuance date, atty furnished:

Credit card statement that showed billing cycle closing date, previous balance, finance charges, account balance (like a account statement that may have been sent to me). Motion to strike, a statement with a partial balance is not proof of the debt, any one could have made that statement. A balance can only be proven to be 100% accurate if the statement starts from a zero balance. 

A percentage rate statement

A certificate of conformity that does not have the account number or my name on it - I think this could have been used for anybody's account Motion to strike it for that reason

An affidavit of sale of account by original creditor that does not have the account number or my name on it Motion to strike ir for that reason

A bill of sale and assignment that does not have the account number or my name on it Motion to strike it for that reason

 

What I would want them to provide:

- A pattern that demonstrates that I entered into a contract or agreement for this debt with the original creditor,,,,The contract signed by you.

- A full accounting of the debt from the account number of a signed agreement with the original creditor that proves that I used said account based on goods and purchases

- A bill of sale of an account that was used by me with account numbers or pattern of use that validates was mine (not just a general one) If they cannot prove that your debt was in the portfolio that they purchased the other stuff is moot any how. Standing to sue, Failure to state a claim for which relief can be granted.

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A BOP is only good in California. 

 

A BOP is good in Calli, NY, Delaware, Virginia, Georgia, and ILLINOISE (compiled statutes 735 ILCS 5 Code of Civil Procedure. Section 2-607)

 

I would double check just to make sure everything is still current however.

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Can you explain what you mean by "a more definitive statement'?    Since a BOP is not valid in IL, is a motion to dismiss for lack of evidence appropriate?

 

Since they did not list a cause of action or common count in the complaint such as; (open book, breach of contract, unjust enrichment, account stated, etc.) it makes it hard to prepare a defense, because you don't know the cause of action. So if you filed a motion for "a more definite statement"; they would have to provide you with one (or more) causes of action, that way you would know exactly what the allegations against you are, so you can learn the elements of that cause of action that they would have to prove (thru admissible evidence) to prevail (assuming the case is fought properly).

 

The BOP is good in Illinois; whether or not you can use it in small claims, I don't know (you need to get the rules). I would send it ASAP regardless.

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Since they did not list a cause of action or common count in the complaint such as; (open book, breach of contract, unjust enrichment, account stated, etc.) it makes it hard to prepare a defense, because you don't know the cause of action. So if you filed a motion for "a more definite statement"; they would have to provide you with one (or more) causes of action, that way you would know exactly what the allegations against you are, so you can learn the elements of that cause of action that they would have to prove (thru admissible evidence) to prevail (assuming the case is fought properly).

 

The BOP is good in Illinois; whether or not you can use it in small claims, I don't know (you need to get the rules). I would send it ASAP regardless.

 

Thank you.  Since I'm new to all this, I read this definition of a motion for a more definitive statement:

 

motion for more definite statement 

: a motion that is filed before an answer and that requests the court to order the plaintiff to clarify allegations in the complaint because the claims are so vague or ambiguous that an answer cannot reasonably be framed - See more at: http://dictionary.findlaw.com/definition/motion.html#sthash.3cZ1MQC2.dpuf

 

Does the definion above mean that I should have filed this motion before my answer?

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Does the definion above mean that I should have filed this motion before my answer?

 

It would normally be filed before (or instead of) the answer. In your case (since you already filed an answer) I would file it anyway. You need to know under which cause of action plaintiff seeks relief of the court, so that you know what you are defending against (account stated, breach of contract, etc.).

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Please excuse my novice (and lack of legal background)....in the complaint, they stated that the account was opened, defaulted, they bought it, and made due demand....wouldn't they just come back to me with these statements as the definite statement if I file a motion for more definite statement?  

 

Maybe I'm just not understanding where they should say...breach of contact, etc. in the complaint they sent me.  

 

I also apologize because of all the stuff I've read on this site, nothing mentions the more definite statement so I'm just a little confused at what happens after I file this motion. (i.e. they have 30 days to send me an updated complaint, etc.)

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Please excuse my novice (and lack of legal background)....in the complaint, they stated that the account was opened, defaulted, they bought it, and made due demand....wouldn't they just come back to me with these statements as the definite statement if I file a motion for more definite statement?  

***I doubt it, they would more than likely give you a "cause of action" such as "open book, account stated, etc.". It doesn't make sense to you now, but down the road it will (assuming you are going to study and learn how to fight this lawsuit). You need to know what the cause of action is so that you can find "case law" and form arguments to that specific allegation. You need to know the exact "elements" of what they need to prove to prevail and hold them to it. There is going to be a lot to learn..****

 

Maybe I'm just not understanding where they should say...breach of contact, etc. in the complaint they sent me.  

****Read every page of the complaint closely. It would be somewhere in the complaint, saying CAUSE OF ACTION OR COMMON COUNTS. It may be that it is not there, and that is why you need a more definite statement.

They have not stated a claim for which relief can be granted. "An account was opened, defaulted, we bought it and demanded payment" is not a cause of action for which relief can be granted. Open book, unjust enrichment, account stated, breach of contract, are a cause of action for which relief can be granted.****

 

I also apologize because of all the stuff I've read on this site, nothing mentions the more definite statement so I'm just a little confused at what happens after I file this motion. (i.e. they have 30 days to send me an updated complaint, etc.)

 

****Not a problem. Most complaints come with a cause of action, so the need to have a more definite complaint (and to post about it) is less common than someone needing help with an answer etc. so there may not be much info on it. Also, lot of defendants probably do not know they need to know the cause of action so they don't post about it..

The judge would probably say something like what you said (30 days to amend the complaint). If you do not know what the cause of action is (and hold them to it) they will have a better chance to prevail because they will be able to try to win under any legal theory or cause of action they think they can prove.  If you knew the cause of action "was open book" and "account stated" but they later tried to testify about "breach of contract" you could stop that from happening (because you would know that "breach of contract" was not a cause of action in your case.***

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It's too late to file a BOP or a motion for more definitive statement as you've already filed an answer. By the way for future reference, you should not file an answer for small claims court in Illinois. Just an appearance form as that serves as a general denial.

 

There is no cause of action in the complaint. Not to mention they failed to provide the appropriate evidence to be able to claim either breech of contract or account stated. 

 

If it was my case, I'd handle things from here as follows. Get leave of the court to file a combine 2-615/2-619 motion to dismiss based on their complaint and "evidence" which does not meet the standards of either a breech of contract or account stated claim. I can PM you a sample motion that would be a good place to start. By the way, you can file a 2-619 motion to dismiss without leave of the court due to their lack of a cause of action in the complaint. I suggest reading through this article to get a better understanding of what I'm talking about: http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentID=277

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It's too late to file a BOP or a motion for more definitive statement as you've already filed an answer. By the way for future reference, you should not file an answer for small claims court in Illinois. Just an appearance form as that serves as a general denial.

 

There is no cause of action in the complaint. Not to mention they failed to provide the appropriate evidence to be able to claim either breech of contract or account stated. 

 

If it was my case, I'd handle things from here as follows. Get leave of the court to file a combine 2-615/2-619 motion to dismiss based on their complaint and "evidence" which does not meet the standards of either a breech of contract or account stated claim. I can PM you a sample motion that would be a good place to start. By the way, you can file a 2-619 motion to dismiss without leave of the court due to their lack of a cause of action in the complaint. I suggest reading through this article to get a better understanding of what I'm talking about: http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentID=277

 

 

Thanks Spikey. Another friend explained that this would be the route to go as well. Thank you for confirming this. I appreciate your input. I am PMing you now.

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I PM'd you a link to the sample motion. Let me know if you need any help with it.

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Hello everyone,

Spikey advised that I share the latest on this case to see if any of you can assist with your expertise:

 

I got a leave of the court to file my motion to dismiss.  No objections from opposing counsel, Blitt & Gaines.

 

While I had my motion all ready with the notice ready to go, the judge advised me that he typically does not rule in favor of motions based on evidence of a contract.  He just said he wanted me to know that.  So he gave me 3 weeks to file my motion, two weeks for the opposing counsel to respond, a week later for me to reply and then mid February, he'll hear my motion.

 

While I think I'm ready to file, my MTD first section  The Complaint Fails To Establish The Existence Of A Contract

 

which is exactly what the judge says he doesn't rule in favor of. I know I haven't posted the motion, but I see that my motion covers a little more than breach of contract.  I have a section also mentions that " there must be a record detailing the date and circumstances of the request or application for credit.  15 U.S.C. § 1642.  The plaintiff’s complaint includes none of these requirements." and sections 8-10 seems valid which is establishing a record that I had/used the alleged account through a transactional history or something.  

 

The judge says I can bring a motion before him that includes no contract, but he usually doesn't rule in favor of that.  

I want to be respectful of his advice and not waste his time, which he mentioned several time to other defendants that he hated.  

 

Currently, I have a combined 2-615/2-619 for MTD for The Complaint Fails To Establish The Existence Of A Contract  and The Complaint Does Not Allege The Elements of Account Stated

 

Spikey was hoping gwheelock could chime in....

 

What are your thoughts?   

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Since they did not state a definite cause of action in the complaint a motion to dismiss for failure to state a claim for which relief can be granted will do. If the court agrees, they will refile and do it right. You wont get a dismissal with prejudice.

 

Hello everyone,

Spikey advised that I share the latest on this case to see if any of you can assist with your expertise:

 

I got a leave of the court to file my motion to dismiss.  No objections from opposing counsel, Blitt & Gaines.

 

While I had my motion all ready with the notice ready to go, the judge advised me that he typically does not rule in favor of motions based on evidence of a contract.  He just said he wanted me to know that.  So he gave me 3 weeks to file my motion, two weeks for the opposing counsel to respond, a week later for me to reply and then mid February, he'll hear my motion.

 

While I think I'm ready to file, my MTD first section  The Complaint Fails To Establish The Existence Of A Contract

 

which is exactly what the judge says he doesn't rule in favor of. I know I haven't posted the motion, but I see that my motion covers a little more than breach of contract.  I have a section also mentions that " there must be a record detailing the date and circumstances of the request or application for credit.  15 U.S.C. § 1642.  The plaintiff’s complaint includes none of these requirements." and sections 8-10 seems valid which is establishing a record that I had/used the alleged account through a transactional history or something.  

 

The judge says I can bring a motion before him that includes no contract, but he usually doesn't rule in favor of that.  

I want to be respectful of his advice and not waste his time, which he mentioned several time to other defendants that he hated.  

 

Currently, I have a combined 2-615/2-619 for MTD for The Complaint Fails To Establish The Existence Of A Contract  and The Complaint Does Not Allege The Elements of Account Stated

 

Spikey was hoping gwheelock could chime in....

 

What are your thoughts?   

You are going about it wrong here, I would file a motion to dismiss for failure to state a claim for which relief can be granted. They do not state any claim, i,e, breech of contract, account stated, common counts, or any other claim. In order to invoke the courts authority you need to tell the court under what pretenses you are suing.

They may have implied there was a contractual agreement or an implied contract in their wording,,,,but they did not specifically state what claim they are suing you under.

 

Plaintiffs motion is a procedural nullity, its does not state a claim for which relief can be granted, failure to inform the court under what pretense they are suing under.

You are in the same circuit as me, this case reestablished the pleading procedures for this area.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)

inter alia “fair notice” of a claim is insufficient. In addition to providing notice, the complaint must state a claim to relief that is plausible on its face.(i,e, breech of contract, account stated etc etc) This was an anti trust case but it has made the standard of pleading a complaint more specific. Another case they use in our district is Ashcroft v. Iqbal, _ U.S. _ , 129 S. Ct. 1937 (2009), the Supreme Court held that the “plausibility” standard applies to all civil actions.

Under Twombly, a defendant should not be forced to undergo costly discovery unless the complaint contains enough detail to indicate that the plaintiff has a substantial case. And the complaint must state the cause of action. Our courts are now being bombarded with failure to state a claim motions.

I have mentioned these cases on numerous occasions.

Bissessur v. Indiana Univ. Bd. of Trustees. et al., 581 F.3d 599 (7th Cir. 2009). Is another case that our Supreme court rued on and is in use in our circuit, the Supreme court upheld the motion to dismiss. Bissessur (“Our system operates on a notice pleading standard; Twombly and its progeny do not change this fact.“).

Smith v. Duffey, et al., 576 F.3d 336 (7th Cir. 2009) The Supreme Court upheld another failur to state a claim motion, and they relied on the Twombly case and Iqbal.

Riley v. Vilsack et aI., 665 F. Supp. 2d 994 (W.O. Wis. 2009), Another case where they relied heavily on Twombly and Iqbal.

When an element of a claim involves the intent of the defendant, the plaintiff is limited in the facts that he can provide at the pleading stage.

The plead facts of the case, they did not state a claim,,,,in Indiana court commonly acknowledge. Statements of council in brief or argument are not facts before the court. In other words just because and attorney makes a statement does not mean it is true, they have to prove the statement before it becomes a fact. You cannot plead the facts of your case, that is what trial is for,,,,,all that needs be done in a complaint is state your claim of action,,,,the details come out in court.

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Since they did not state a definite cause of action in the complaint a motion to dismiss for failure to state a claim for which relief can be granted will do. If the court agrees, they will refile and do it right. You wont get a dismissal with prejudice.

 

You are going about it wrong here, I would file a motion to dismiss for failure to state a claim for which relief can be granted. They do not state any claim, i,e, breech of contract, account stated, common counts, or any other claim. In order to invoke the courts authority you need to tell the court under what pretenses you are suing.

They may have implied there was a contractual agreement or an implied contract in their wording,,,,but they did not specifically state what claim they are suing you under.

 

Plaintiffs motion is a procedural nullity, its does not state a claim for which relief can be granted, failure to inform the court under what pretense they are suing under.

You are in the same circuit as me, this case reestablished the pleading procedures for this area.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)

inter alia “fair notice” of a claim is insufficient. In addition to providing notice, the complaint must state a claim to relief that is plausible on its face.(i,e, breech of contract, account stated etc etc) This was an anti trust case but it has made the standard of pleading a complaint more specific. Another case they use in our district is Ashcroft v. Iqbal, _ U.S. _ , 129 S. Ct. 1937 (2009), the Supreme Court held that the “plausibility” standard applies to all civil actions.

Under Twombly, a defendant should not be forced to undergo costly discovery unless the complaint contains enough detail to indicate that the plaintiff has a substantial case. And the complaint must state the cause of action. Our courts are now being bombarded with failure to state a claim motions.

I have mentioned these cases on numerous occasions.

Bissessur v. Indiana Univ. Bd. of Trustees. et al., 581 F.3d 599 (7th Cir. 2009). Is another case that our Supreme court rued on and is in use in our circuit, the Supreme court upheld the motion to dismiss. Bissessur (“Our system operates on a notice pleading standard; Twombly and its progeny do not change this fact.“).

Smith v. Duffey, et al., 576 F.3d 336 (7th Cir. 2009) The Supreme Court upheld another failur to state a claim motion, and they relied on the Twombly case and Iqbal.

Riley v. Vilsack et aI., 665 F. Supp. 2d 994 (W.O. Wis. 2009), Another case where they relied heavily on Twombly and Iqbal.

When an element of a claim involves the intent of the defendant, the plaintiff is limited in the facts that he can provide at the pleading stage.

The plead facts of the case, they did not state a claim,,,,in Indiana court commonly acknowledge. Statements of council in brief or argument are not facts before the court. In other words just because and attorney makes a statement does not mean it is true, they have to prove the statement before it becomes a fact. You cannot plead the facts of your case, that is what trial is for,,,,,all that needs be done in a complaint is state your claim of action,,,,the details come out in court.

 

A vague claim in Illinois is best attacked by going after both potential causes of action which are breach of contract and account stated rather than going after lack of a cause of action since it's easily correctable. I've given Lyric a sample which attacks both causes of action.

 

The reason i asked for the thread bump is because I'm concerned with the judge's comment about lack of a contact since this is directly out of the rules of civil proceedure, ILCS 735 5/2-606.

 

 

If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.

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A vague claim in Illinois is best attacked by going after both potential causes of action which are breach of contract and account stated rather than going after lack of a cause of action since it's easily correctable. I've given Lyric a sample which attacks both causes of action.

 

The reason i asked for the thread bump is because I'm concerned with the judge's comment about lack of a contact since this is directly out of the rules of civil proceedure, ILCS 735 5/2-606.

 

A vague claim in Illinois is best attacked by going after both potential causes of action which are breach of contract and account stated rather than going after lack of a cause of action since it's easily correctable. I've given Lyric a sample which attacks both causes of action.

 

The reason i asked for the thread bump is because I'm concerned with the judge's comment about lack of a contact since this is directly out of the rules of civil proceedure, ILCS 735 5/2-606.

I have stated just what the judge said on numerous occasions. I have always had arguments about that fact. But I guess the judge clarified what i have said. I have always said the the contract is the governing doc when a claim for breach is made. Thats what the judge is saying here, if you want breech of contract, produce the contract. It is hard for a judge to rule on a contract when he does not know what the contract states.

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I wouldn't be too concerned about wasting the judges time, as it appears through the filing of an answer, affirmative defenses, multiple unnecessary court hearings, and filing a motion for leave without attaching the proposed motion you've already accomplished what you are now seeking to avoid.

Now that I am done ribbing you, I'm going to spend some time reading from the top. I'm in Will County myself and have appeared before Judge Carney on two previous occasions.

In the mean time, look into 2-403, and if possible shoot me your case information.

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