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I know that it's best to post the questionaire but I haven't time right now. I may be able to get to that tonight. That being said I have some questions regarding "Status Call".

 

Finding an attorney to help me with a Cach lawsuit has proven difficult. Most attorneys want to sell me on bankruptcy. Others have actually declined to help or want to charge very high rates which I cannot afford at this time. I make too much to qualify for assistance and make too little to afford an attorney.

 

I spoke with an attorney this last week who will represent me at the Status Call this week for a retainer of 1K. The attorney, very confidently, said he would file a motion to dismiss because they had no standing to sue. The problem for me is that I can't afford the 1K even though it's the lowest I've found. I'm glad the attorney is so confident but want if it doesn't work? Then I would have to come up with more money for a trial. Would it be best to save the money in case of trial?

 

Other questions:

 

What if I show up at Status Call without an attorney- telling the Judge that I could not afford it- and handle the Status Call myself? Can I file a Motion to Dismiss? I have no clue how to do that. I have no clue what to say about anything really. Can I argue the no standing? If I won a dismissal can this then be removed from my credit report/

 

If I tried to settle what amount should I try for on a 5K debt. What would be the lowest I could try? If settled can I have this removed this from my credit report?

 

My main objectives are:

 

To make this case go away, hopefully, forever.

To get this collection removed from my credit report.

 

My situation is that I work every single day at low paying jobs in order to make ends meet. I have no savings. My work schedules make it difficult to research all the how to's- and when I do have time I'm so exhausted I don't retain the info.

 

Any advice would be appreciated. I'm feeling rather desperate at this point.

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You need to make time to answer the 21 questions--or at least, point the Summons and Complaint with personal info redacted.

 

No one can answer your questions with no other information than that the complainant is CACH.

 

Don't bother telling the judge that you can't afford an attorney. S/he won't care.

 

Many or most of us have represented ourselves against JDBs. Many have won. Some have won, multiple times.

 

It takes time and effort to learn, but it CAN be learned.

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Other questions:

 

What if I show up at Status Call without an attorney- telling the Judge that I could not afford it- and handle the Status Call myself? Can I file a Motion to Dismiss? I have no clue how to do that. I have no clue what to say about anything really. Can I argue the no standing? If I won a dismissal can this then be removed from my credit report/

Yes you can do both, but you will need to study and learn how to do it properly. Court will not dismiss based on standing, they are going to try and prove standing, you will disprove it. They don't have to have all their evidence to you when they filed against you, this is what pre court stuff is for.

 

If I tried to settle what amount should I try for on a 5K debt. What would be the lowest I could try? If settled can I have this removed this from my credit report?

 

They will not settle for less than 80% of the debt at this point. If you fight, further down the line if you do things right they may go as low as 20%, but if that were the case! they probably don't have much against you. No it won't come off your credit record even if you win the court case, or settle.

My main objectives are:

 

To make this case go away, hopefully, forever.

Everyone wants that.

To get this collection removed from my credit report.

Won't happen.

 

My situation is that I work every single day at low paying jobs in order to make ends meet. I have no savings. My work schedules make it difficult to research all the how to's- and when I do have time I'm so exhausted I don't retain the info.

We can help you, but we can't do it for you. You will need to put in the work.

 

Any advice would be appreciated. I'm feeling rather desperate at this point.

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Status calls are conducted by the courts to find out the status of the cases. In order to stay on top of a case, the judge requires the attorneys to regularly update the court. This is done at a "status call." Normally, only the one attorney shows up in court and gives the judge an update of the case. However, failure of the petitioner (plaintiff) to respond to the status call shall result in a dismissal for want of prosecution. After every status call, the case will be scheduled for another "status date" – usually one month in the future. The court likes to force the attorneys to come back and continually advise them on the status of a case so that things don't fall through the cracks.

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I totally understand what you are feeling. Many of us have fought and won, fought and lost, and fought and made them go away. I think perhaps you are smart enough to win, but to win you have to do 2 hours each and every night of study and preparing to win. I will help and hope everyone else will also. The lawyer may be a good idea as you can get those costs back if he forces dismissal. 1k is reasonable for that.

If you cannot come up with the money, then you are going to have to fight hard. maybe ask him which cases he won on motion to dismiss, and ask to see the motion. I stand ready to help, let me know what you want to do.

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How can a JDB legally keep an illegitimate debt on your credit report?

Or are you talking about the OC's account?

 

Depends on WHY the case was won.  If the court rules the consumer is not responsible for the debt that would get it removed without a doubt.  However, if it is a dismissal without prejudice or even with due to a mutual walk away that will not get it removed.  The Plaintiff backing down or deciding not to pursue the action does not change the legitimacy of the debt it only means they are not trying to collect on it anymore.  

Reporting and collecting are two different things.  Unless the court decides on the merits that the consumer does not owe the debt it is legitimate and they can report it until the end of the reporting period.

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Unfortunately, at this point you are going to have to focus on not having to pay money. It is a foregone conclusion that your ability to obtain credit is smoked for at least 7 years. You can remediate your credit after the smoke clears, but for now you have to keep their grubby hands out of your pocket.

As an aside, you are probably economizing very much, if not coupons and strategic grocery buying are the word of the day. By that I mean everything that is not food, housing, or internet related(because we are helping you)is not being bought. Getting store sales flyers, the sunday paper(snag the sale ads from a coffee shop copy of the paper, and making targeted shopping lists helped me save the 3-400 a month needed to pay. Also If you live in rural areas, hunting is a good form of stretching the budget. I bought a mosin-nagant rifle for 130.00 and 440 rounds of ammo for 98.00+23.00 shipping(it was heavy)just for that purpose. feral hogs are in every state and are a good source of meat. Farmers will definitely let you take them out. It is these measures which will help. Also food pantries have staples for low income families. I will start a thread about these measures to help us.

So it is imperative to hunker down and be ready to fight.

What actions have been taken so far? what were the causes of action? what disclosures have they done. What was your answer to the complaint? If you are afraid to post the 20 questions pm them to me and we can get started.

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Just wanted to add some moral support. I know how it is to struggle financially and work so hard just to keep the lights on, with no extra money to pay for anything. I know it's tiring, but just taking the time to post the answers to the pinned questions and/or a redacted copy of the summons would give people on the forum the info needed to point you in the right direction. The posters on here are fantastic and so supportive, but can't help until they have more details.

And maybe check around for a different lawyer? I know in my state there are consumer attorneys who will work on contingency for some clients (I'm sure it depends on the circumstances).

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Do you live near Chicago?  www.illinoislegaladvocate.org offers a free Debtors Legal Clinic run by law students.

 

Curtis Warner is a very prominent, very successful  IL consumer lawyer.  Many lawyers do some pro bono (free work).  A consultation is free.  Explain your situation to him.  Ask him if he could take your case pro bono.  Just google "Curtis Warner law illinois."

 

@Spikey is a resident IL poster here.  His comemnts are very helpful.  If you do a Google search of " creditinfocenter illinois lawsuit" and you will get many hits.

 

Fighting a debt collection case involves time and effort.  If you don't think you could mentally or physically handle it, then you really need to get a lawyer.  Whatever you do, don't let them get a default judgment against you.

 

We have had a good number of OP's win their cases in IL.

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. Relevant Recent Case Law

 

 

The two most relevant recent cases in Illinois, aside from the Feltman case referenced earlier, are the Shah and Trice cases. Both involve the collection of purchased or assigned debt. In the Shah case, the Illinois Appellate Court ruled that in order for a plaintiff to properly plead and establish an assignment of an account, the Illinois Collection Agency Act requires that the contract of assignment include three things: 1) the effective date of the assignment; 2) the consideration provided for the assignment and; 3) that the account assigned be identified in the contract of assignment (Unifund v Shah, 407 Ill. App. 3d 737) (Also see 225 ILCS 425/8b). The court went on to hold that a collection agency who is assigned a debt may sue in its name only, and that the agency can establish the three requirements above by using multiple documents. The Illinois legislature has clarified this point with an amendment to the Illinois Collection Agency Act (225 ILCS 425/8.5), which specifically limits the requirements of 225 ILCS 425/8b to situations involving the assignment of a debt for collection only, and not to debt buying situations. This amendment is effective January 1, 2013.
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Thank you all so much for responding to my post. I really, really appreciate your help and comments.

 

I have completed the questionaire but I am hesitant to post it. If you are interested I would be happy to pm a copy to you.

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