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Please Help How do you answer a motion of status?


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Hello, first time user. I just received in the mail a Motion of Status from a 3rd party agency for a old credit card debt. I went to court when a summoned was issued and gave my deny form, defend myself as indigent. I went to court and I talked to the plaintiff attorney and told him I am denying the debt, it was from over 5 years ago in Georgia. I now live in Illinois. The judge was nice and took my papers and let me waive any fees, since I am not working and have no assets. This was 12/13. I was told in court they would let me know. Well today 8/29/14 I get a notice for a motion of status for 9/18/14.

I want to file opposition papers or motion to dismiss. I read that they are supposed to have 180 to continue this case and it has been over that allotted time frame. What can I file? I read I can file an opposition papers or ask for a motion to dismiss. Since I asked in December for proof, I have never heard or received a letter from them until now. 

 

Any advice or form I can fill out and give to court before the 9/18/14 court date. Thank you so much.

 

Laura

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@dierkingl , Laura, just found your thread, but we don't gave a lot of info. Answer the questions in the thread above "questions to answer when posting in this forum". Make sure and list the charges against you, and any evidence they have sent you this far. If your trial is on sept. 18, it is to late for any discovery, so we need to formulate how you will refute what they do have against you when you go to court.

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Summons: Served by mailed received 11/16/13

Court date: 12/5/2013

Plaintiff Calvary Investments LLC Amount $1324.15 plus court cost

 

I replied on 11/21/2013 with Defendants Response; Denied all allegations and or charges.

Mailed copy to court, plaintiff 11/22/14 Certififed

 

Plaintiff sent on 11/27/13 a 1 sheet statement showing creditor Credit One Bank

Date 10/5/10-11/4/10 shows only balancing owing which is $830.77

List a Georgia address. That is all this shows.

 

Charge off date 11/5/2010.

 

Went to court also gave judge application to sue or defend as indigent person, which he granted.

In court 12/5/13 gave answer to summons and application for indigent person, judge said they would let me know.

 

Notice of Motion received by mail 8/29/14. Motion is for Motion for Status. Court date set 9/18/14.

 

After reviewing my court case on file, the Notice of Motion was file 7/9/14. It is nice they waited to send me this in the mail.

 

I did call court and they said I do not need to answer the motion but to come to court.

 

I live in Illinois since 2014. Never had this credit card, never heard from Calvary till the first summons in November 2013. 

 

The original creditor amount was 830.77 now this Calvary wants 1324.15 plus cost which I got waived. 

 

I know most live in AZ, CA or CO, but I have been doing research and found I could ask for permission to file a motion 

RULE 2-615, which is to dismiss the case. 

 

Any help would be greatly appreciated. One thing to note when I move to Illinois in September 2010 I did receive a letter from someone (I cant remember) in regards to this and I denied it and sent them the letter back. That was in I believe October 2011 then the next thing I heard was summons 11/16/13. I know Keep records and copies, but the letter stated if I am disputing I had 30 days to tell them and I did. 

 

Thanks again especially to Shellieh98 for her input so far. 

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So the only thing they have sent you was one statement? No bill of sale from credit one bank to Calvary? No affidavits stating the amount they are suing you for is correct?

This also sounds like small claims court, so there was probably no discovery done.

Ok, little bit of homework for you. First read the thread pinned at the top by Coltrane called standing when dealing with the JDB. That gives you an idea of what your facing.

Then look in ill rules of civil procedure small claims if this is small claims court. They may try to introduce an affidavit of debt at trial which you would object to. To prove standing they must have one from the original creditor, and one from Calvary. They also need a bill of sale from credit one to Calvary. If they try to bring it with them, object, they have had since dec. to send it to you so you could prepare your case, so there is no surprise at trial. (That goes for anything they may try to bring in)

Main thing is none of their records have the proper foundation layed to be admissible, and that is what you will base your objections on.

I think this is a status hearing where they may not even show, probably will be dismissed, but you want to go in prepared. If they show up and ask for more time you might reintegrate to the judge they have not sent you anything for a year, and are just trying to toll the sol, the case should be dismissed.

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The statement was I guess the final statement from the creditor sent to me. Which I never received. From what I understand because it has been since December 2013 with no new court date, the Plaintiff is asking to continue the case with a new court date. This has not gone to trial yet. As I said I answered the summons with my Denial on each paragraph in December and was told by the judge they would let me know. 

 

Thank you for your input and I will look up the suggested Thread. 

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