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Sued by Asset Acceptance in Cook County, Illinois NEED HELP!!!

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I very recently became aware that I am being sued in Cook County in Illinois. The Plaintiff in the case is Asset Acceptance, LLC. The suit was filed 3/14/2013 and I haven't been served as far as I know. I have not avoided service and I have lived at the same address for the past 20 years with the exception of when I was away at College. I checked the local court's electronic docket after receiving solicitation in the mail from several lawyers and found the info pertaining to the case. I am really concerned bc a court date has been set for a motion to be heard on this coming Wednesday 2/19 and I am completely in the dark.  What should I do?  I'd really appreciate any help you can offer.

 

1. Who is the named plaintiff in the suit?

Asset Acceptance, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Fulton, Friedman & Gullace, LLP

3. How much are you being sued for?

$6,XXX

4. Who is the original creditor? (if not the Plaintiff)

Citibank


5. How do you know you are being sued? (You were served, right?)

I checked my local courts electronic docket after recieving solicitation via mail from lawyers looking to defend the case that had been opened against me.


6. How were you served? (Mail, In person, Notice on door)

I haven't been?

7. Was the service legal as required by your state?

It seems no?

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Letters from Asset and Fulton, Friedman & Gullace and telephone calls that were not answered.

9. What state and county do you live in?

Cook County, Illinois

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Feb 2009

11. What is the SOL on the debt?

5 years

12. What is the status of your case? Suit served? Motions filed?

Contract Complaint was originally filed 3/14/2013, Summons returned twice the reason given is Moved and Wrong Address. This is weird bc I have lived at the same address for 20 years with the exception of when I was away at College. As of 2/6/2014 Notice of Motion Filed, Proof of Service Filed, Motion Filed, Motion Spindled with a court date of 2/19/2014.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork).

Don't know. I haven't been served so I haven't seen anything.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Don't know. I haven't been served so I haven't seen anything.

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Well you have a couple of options here. There is some kind of motion out there, but you don't know what it is for. You could

1. Go to the court and serve yourself to read what was filed, but then an answer would be due soon.

2. You could just watch online and see where it goes. The motion may be for a default judgement, they may say they served you, and are asking the court for a judgement. If they get it, you would have to file your own motion to vacate.

3. Get the papers, and if they say you were served, file a motion to quash service.

Personally I would go get them. I would also show up at the court for the hearing, verbally motion to dismiss for non service. ( may or may not be denied) but I would try because if by chance the judge did dismiss, they would really have to scramble again to file before the sol expired.

If you pick them up, and go to the hearing, come back here and we will help you. Do not admit to be account if the judge asks. I'm sorry your honer, I have no way of knowing if this is my account, I have never heard of asset, and I do not recognize this account.

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If I was to wager a guess, the motion hearing is to allow special service per 735 ILCS 5/203.1. Which is kind of strange considering that they can leave the summons with any person over the age of 13 at your residence. I'm not entirely surprised though. whomever FF&G uses for service is very lazy. I can't think of any other motion they would be filing, if they "sewer" served you, there wouldn't be a motion on the docket. They'd just default you at the next hearing date. 

 

@shellieh98 suggestions are your basic options. If you go to court and get the summons yourself, you can waive service and request up to 60 days to respond. If you decide to respond, DO NOT file an answer, just an appearance form (appearance form serves as a general denial and protects your right to dismiss the case if the complaint doesn't meet the proper standards) and either pay the fee or apply for a waiver. You will need to get the proper paper work from the Daley Center. I've been told that the on-line forms are out of date. 

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Since the court date is tomorrow, there really isn't anything the OP can--or should do at this point IMO. My concern (though to be clear it really isn't a 'concern') is that it states 'Proof of service' filed on the cook county website.

 

Even if the OP is defaulted for some reason or another, he can easily vacate the default within 30 days from the date the default was entered. Going further out, he can file a 2-1401 petition for up to 2 years from the date of judgment, for example if he can show (by affidavit, or evidence) that he wasn't served by the plaintiff.

 

OP---DO NOT and I repeat DO NOT answer the complaint.

 

PM me your case # please so I can investigate a bit more.

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Thanks for the advice so far everyone. Spikey...there is something on the docket about appointing a special process server but that was several months back and it shows that they didn't serve me. There is mention of Proof of Service being filed on the date the motion was filed. Just to be clear...gwheellock915 you think I should not go get the paperwork or show up tomorrow at court and just see what happens with the motion? I PMed you the case # as you requested.

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I have to assume that gwheelock915 has a plan of action for you. He has been pretty active in Ill. cases.

 

Let us know what you do and how it works out.

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I pm'd the OP and believe that they are going to dismiss. I'd let them do what they want today, no matter what they do. A default (unlikely for today) is easy to cure under 2-1301, and I think that showing up and presenting before the court will not be good.

 

IMO, the OP could be in for the easiest dismissal ever.

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IMO, the OP could be in for the easiest dismissal ever.

 

And SOL will pass before they can take anymore action. That's a win-win.

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The online docket still hasn't updated but I'm keeping my fingers crossed. If they do dismiss without prejudice can't they refile again within a year even if the sol is up? I've found some conflicting info in my research regarding that.

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It helped a lot that the OP sent me his case number. 5 minutes of research and my conclusion was a dismissal was in order. Fortunately, he heeded my advice and stayed home. Oh the trust we place in perfect strangers sometimes.

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Hey all...I just checked the docket again and noticed that a couple new lines have been added. Is this anything to be concerned about?

 

Activity Date: 2/28/2014 Participant: ASSET ACCEPTANCE L SUBSTITUTE OR ADD ATTORNEY - ALLOWED -   Judge: WRIGHT, E. KENNETH JR. Attorney: MORTELL KEVIN W

 

Activity Date: 2/28/2014 Participant: ASSET ACCEPTANCE L WITHDRAWAL OF ATTORNEY FROM CASE - ALLOWED -   Judge: WRIGHT, E. KENNETH JR. Attorney: FULTON FRIEDMAN & GULLACE

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@Spikey

 

Could it be just a general notice they filed with all of their cases rather than taking the time to see which cases are active and which ones are not?

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interesting that this guy works for Markoff, a jdb firm.

 

Markoff has been handling Main Street Acquisition's accounts in Illinois.

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