Jump to content

Sued by PRA in Illinois. What's the next step? Some questions.


Recommended Posts

@gwheelock915 @Spikey thank you both for the advice and info, it is enormously appreciated.

So as I understand it, as long as I don't want the service waiver, I don't do anything until the date/time of the appearance (or before? So I can do it at my convenience any time before that?) and when I go in I take the summons to the clerk and tell them I'd like to fill out the appearance and the fee waiver forms. Is this correct?

Spikey was saying that I'd need to ask for the leave of the court to file the motion to dismiss and then I'd need help to prepare the forms for the motion, but it sounds like gwheelock is saying I can do that by asking the clerk for the necessary paperwork without requesting a leave of the court, on the same day as I do the appearance? Is this correct? If that's the case, is there going to be any jargon or such that might trip me up on the motion for dismissal forms? Or will it be fairly straight forward? Are there examples of what to expect on these forms online (just to familiarize myself)?

I'm definitely feeling more confident after reading all this, thanks a lot guys!

 

I think you've misinterpreted what @gwheelock915 said. He's suggesting trying to combine it so that you only need to go to the court house twice. So, go to the return date on the summons, waive service, ask for permission from the judge, file the fee waiver, the appearance form and the motion all in one trip. Then you only have to go back one more time on the motion rather than twice. It's more efficient that way but it is predicated on you having the motion ready to go.

 

 

Just checked the mail and got a letter from Blatt etc. law firm saying quote: "This law firm represents the above referenced client in that lawsuit regarding your outstanding obligation with them. We are offering you the opportunity to discuss your proposal for resolving the lawsuit. Please contact us at 1-866 (etc.) to discuss the resolution of this matter."

@Spikey @gwheelock915

 

Yep, they want you to settle. Ignore it.

  • Like 1
Link to comment
Share on other sites

@Spikey I did indeed misunderstand what @gwheelock915 was saying, thanks for the clarification. So I'm going to ask the judge's permission to file the motion for dismissal when I go to file my appearance with him/her? And once I've gotten permission I give my prepared motion to the clerk when I go down to file my appearance after seeing the judge?

Link to comment
Share on other sites

@Spikey I did indeed misunderstand what @gwheelock915 was saying, thanks for the clarification. So I'm going to ask the judge's permission to file the motion for dismissal when I go to file my appearance with him/her? And once I've gotten permission I give my prepared motion to the clerk when I go down to file my appearance after seeing the judge?

 

The appearance is filed with the clerk, you'll only need to see the judge for permission to file the motion to dismiss. Otherwise you have the right idea. 

  • Like 1
Link to comment
Share on other sites

Ok, so file appearance and then tell the clerk I'd like to request a leave of the court to file a motion for dismissal? Or will I end up in front of the judge for the appearance anyway and ask then? Sorry to ask the same question over and over, I just want to be prepared so I don't look clueless on the day.

Link to comment
Share on other sites

File the appearance and your fee waiver. Once everything is approved, that same day while you are there, file a motion for leave. Attached to your motion for leave will be your motion to dismiss which you will attach and ask the court to grant instanter.

 

What I'm saying is that the day you have your first court date, instead of getting brow beat by BHLM, you'll be there getting your case dismissed (with 99%) certainty.

  • Like 1
Link to comment
Share on other sites

@gwheelock915 excellent thank you! So is the motion for leave something else I need to prepare now or will that be a form the clerk gives me at the time? It sounds like the appearance and fee waiver will be checked and approved real time so they'll tell me it's done then and there (with a wait, this is bureaucracy after all)? After that I'll tell them I'd like to file a motion for leave of the court to dismiss the case and then (here's where the motion for leave is, where is that coming from? Prepared beforehand or filled out there?) hand them both the motion for leave and the prepared motion for dismissal at the same time. Will I ask for them to approve it 'instanter' (noting these words down) verbally or will that be written on the motion? Is this happening in a civil court room with a judge or in a kind of waiting room situation (trying to get a visual)?

Thank you so much for this, I really appreciate the advice and the help getting this sorted quickly. I really appreciate your patience with my questions too, I feel like I'm asking the same ones over and over but figure it's better to ask than wonder.

Link to comment
Share on other sites

Here:

You will have to fill out several sheets of paper. The clerk will then direct you to a office on a different floor. You will then be seen by a judge who will review and sign off on your application. DO NOT look for the forms on Cook County's website. They are not the correct forms needed to file your application.

It makes sense to have them ready, but how do I go about that without the necessary forms?

Link to comment
Share on other sites

  • 2 weeks later...

Update, I went in yesterday and filed my appearance, got my fee waiver accepted and filed the motions to be heard in a couple of weeks on the return date (they just had me fill in the same date/time as the return date so I guess they'll be heard at the same time).

I'm preparing the paper work to mail off to their lawyer now, including the stamped motions & notice of motion and the fee waiver form, I understand that's all I need to include, correct?

It was all pretty straight forward, thank you so much for helping me be so well prepared. I'll be back to pick your brains about what to expect at the next date.
@Spikey @gwheelock915

Link to comment
Share on other sites

  • 2 weeks later...

Update on the case. Today was the return date, I went in about 20-30 mins late and waited for the judge to call my name, went in to the courtroom and their lawyer was there also but we didn't speak to each other. The judge asked me what the story was, I told her I'd filed a motion for leave with a motion to dismiss attached to it; she asked why so I told her failure to prove standing, lack of a contract and incompetent affidavit; she then said you can't file them at the same time on amounts under such and such amount (I think $10,000 but I'm not sure); then they set a trial date, which is set for a few months from now, and that I would be getting documents in the mail from their lawyers.

The piece of paper I was given with the trial date on it has the section filled as if I had defaulted and that is then crossed out, I imagine they did that before I got there. Then it says that their lawyer is to provide documents to me before such and such date (which is a couple of weeks before the trial date).

@Spikey @gwheelock915

Link to comment
Share on other sites

@JohnDeer That's unfortunate. I assume you filed the motion instanter? I don't really understand the judge's take there, the rules allow it with the judge's permission. That would have been a good time to remind her of the applicable rule. Although she still could have denied it. 

 

All the arguments made in your MTD are applicable at trial. You'll need to go through all their documents with a fine toothed comb when they arrive.

Link to comment
Share on other sites

Right, under $10k is small claims. And a 2-615 motion is only allowed with leave of the court per Supreme Court Rule 287. http://www.state.il.us/court/SupremeCourt/Rules/Art_II/ArtII.htm#287

 

While it's pure speculation, they likely have a bill of sale of some sort that's for a bulk sale and won't specifically mention your account, a computer print out that they'll claim is from the bulk sale, one or more billing statements, the same affidavit that they included with the complaint. All of it can be countered, you just need to line your arguments up properly.

  • Like 1
Link to comment
Share on other sites

  • 3 months later...

@gwheelock915 @Spikey Hey guys, my return date is coming up on Monday, I never did get anything in the mail from PRA (it looks like their deadline was end of May on the paper I have). Any idea what I can expect in this case? I'm hoping it means they'll just throw it out, no hassle.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...