dogz1189

Sued by Portfolio Recovery Associates In Illinois - Need Urgent Help!!!

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Hello All,

 

Attached are my drafts of motion for leave and mtd. I plan on drafting a mtc-arb soon as well. If you guys can please review my drafts and let me know what you think and if I need to correct anything or make changes. You guys have been great and really hope you all have time to review my docs.

 

I have my court date on monday so I'm getting nervous and anxious. Hoping I have a fighting chance :-/

Motion For Leave of Court Anon..doc

Motion To Dismiss Anon..doc

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Do I have to get any of my documents notarized?

Just to confirm what I should be bringing to my trial date on monday: a motion for leave, multiple copies of mtd, multiple copies to mtc, copies of card agreement (arbitration clause)...

Do I need anything else? Please advise!!

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I think that covers it. You don't need them notorized unless your court rules say you do. Some states they do, that would be a question for one of the ill guys, or look in your rules on pleadings.

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Hello All,

 

Here is the document pack I plan to take to my trial date on monday. It contains my motion of leave, mtd, mtc-arb, card agreement, and verification of affidavit.

 

If you all have the time please review my attached document and inform me of any corrections or things missing. I will be having this signed/notarized this weekend so please, if you can help, or make suggestions that will be great!!!

Trial Document_Redacted.pdf

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I think it looks like your trying to throw the kitchen sink at them. You have 2 motions to dismiss. Judge will say, well which one of it is it going to be?

A better alternative would be to combine them. Petition to compel priviate contractual, and motion to dismiss.

Then run thru the reasons to dismiss with the first reason being the arbitration, then all the other reasons you stated. I think it would be more compelling, and if your court charges for motions, you only have one.

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I think it looks like your trying to throw the kitchen sink at them. You have 2 motions to dismiss. Judge will say, well which one of it is it going to be?

A

If that's the case and they are both MTD's you could just tell the judge to pick one (or direct him to the one you prefer).

The hearing is today.

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So today was really a just a case call. PRA had 2 other cases prior to mine. Settled with the first one. The 2nd case and I told the judge we are disputing it. The judge then set a "trial" date of october 19th. So I'll go back soon to file my mtd and mtc. I have to file for leave first as well. And then send a notice of motion to the plaintiff. Is this correct?

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So the judge granted my mtd today but is allowing the plaintiff 21 days to amend their complaint. She kept the october trial date. I guess it's dismissed pending plaintiff coming up with better documentation within 3 weeks. She called their affadavit generic and agreed with my claim that they needed some type of agreement or contract even though he kept arguing that it's a "verbal contract" for a credit card.

I wasn't really expecting the judge to semi-grant my mtd today. My question now is, should I wait the 21 days out? What are the chances of them having better documentation if they didn't attach it to the original summons? I'm thinking if he can produce an agreement, it will then have the arbitration clause in there which will actually hurt them if he wants to enforce that document. What about just a statement?

It wasn't even the attorney I been dealing with that showed up to the hearing today. He sent some replacement who had no idea about the case besides what I provided in my leave of court. He even told the judge he wasn't sure if the actual attorney could produce better documentation but will try. Prior to hearing, he tried to intimidate me and tell me that my mtd will not be granted and that I am wasting my time. He kept asking if I owe on the account or if it's mine. I never agreed or deny anything to him. Just kept telling him the account in its entirety is in dispute. I kinda got him upset lol.

So I guess in sum for next steps, should I wait the 21 days or file my mtc-arb now that i have permission to file motions? Can I do that if the mtd was already granted for the time being? Please advise!

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What specifically does the order say? If it is actually dismissed, I don't think you can file the compel motion. Have it ready to go should they provide what the court asked.

If the case is just stayed, if the other side can file things, you should be able to also. But I am not sure, you should get into your rules of civil procedure and see what it says.

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So it's been almost 14 days, and Portfolio has not filed anything yet according to my court docket. *fingers crossed*

However, I now have another problem to deal with. When searching the court docket by my name, a new suit was filed against me on Friday by Midland funding for a different account (maybe).  1214.gif

Just when I thought it was about to get better, I now have a different jdb to deal with. Now I'm wondering if the only thing I can do is wait? I have not been served yet. The differences with this suit according to the docket is that it list "Ge Capital retail" as a plaintiff as well. Although, I looked at the other 40+ cases midland filed on friday, and they all list some sort of "original creditor" as a 2nd plaintiff. The other difference is the amount is about $500 more than my current suit of $1900.

Not sure what kind of documentation midland will attach if/when I'm served, do you think my approach to this should be the same? Is midland just another portfolio recovery banking on defaults and settlements? Or is it just too early to tell?

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So it has now been over 21 days and the plaintiff never filed anything or amended their complaint! Now I'm wondering what I should do to get this officially dismissed. The judge kept the trial date for next month.


These are the latest items on the court docket which has not been updated since my mtd hearing:



  • AMEND COMPLAINT OR PETITION - ALLOWED -
  • CASE SET ON TRIAL CALL
  • DISMISS ENTIRE CAUSE - DEFENDANT -

Am I suppose to just show up to the court date and she dismisses it in person? I feel like nothing can be filed and I really just have to wait until next month to get the official dismissal. Please advise!

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Always show up to court. If you paid the fee now is the time to ask for it back. Most likely they will put in the dismissal "each party to bear own costs." Object, unless they agree to a dismissal with prejudice. They owe you per 5/2-1009.

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So a summons for my midland case was just delivered to my girlfriend by the sheriff. The appearance date is this tuesday. Is this the proper form of service if it wasn't handed to me? Do i now have to file my appearance by then?

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Oh, I see, went back and read. Well GE has the arb clauses, you kinda know the procedure. I would file for arb ASAP . Did they contain better documentation than your 1st suit?

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Oh, I see, went back and read. Well GE has the arb clauses, you kinda know the procedure. I would file for arb ASAP . Did they contain better documentation than your 1st suit?

 

 

The difference with this one is that the documentation has a couple account statements attached. Otherwise, everything else is generic and the same jdb docs. Guess i'll just be filing my appearance by tuesday then and file a mtc-arb at my first hearing.

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If Midland is represented by Blatt, they are really easy to beat up.

 

 

They're represented by someone named "Kevin Mortell" out of schaumburg.

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So I had my PRA Case hearing today and my case was DISMISSED WITH PREJUDICE!!!!!!!! The lawyer who showed up today didn't even know I had already filed my mtd and that it was granted pending their 21 day amendment. He took me outside first wanting to settle or at least set a trial date 60 days out. He even gave me 2 statements from the alleged account. I said okay and that I am still disputing it lol. 

 
We then got in front of the judge and the lawyer looked like a complete idiot when he finally realized we already had a trial decision. He was shuffling through his paperwork and found the last order that was entered and the look on his face was priceless. :ROFLMAO2:  The judge simply said, "this case is dismissed." He responded "sorry I'll make sure my office coordinates these things better next time your honor. I would like to dismiss with prejudice." He gave me a copy of the order and told me "congrats, good job! You won't have to worry about us again."  :yahoo:
 
Now I have my midland hearing tomorrow. Same time same room. I wonder if I'll have the same judge? Hopefully similar results.
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