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credit card debt lawsuit or subrogation


mickwd1
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In litigation over credit card debt with Portfolio Recovery in Illinois.

In response to my motion to dismiss, they countered my standing argument with valid assignment using 735 ILCS 5/2-403, that addresses chose in action claims.

These types of claims are typically subrogation claims, etc. Not consumer debt oriented.

PRA also cited Illinois case law to support that,  UNIFUND CCR PARTNERS v. SHAH,  993 N.E.2d 518 (2013), that, for some odd reason, has applied this statute to credit card , junk debt buyer lawsuit.

I believe this is bad law by the Illinois Appellate Court. However, I can find no reason, rationale, or anything contrary to this anywhere.

How can this subrogation/chose in action law be applied to junk debt lawsuit?

Any information ideas, suggestions, if there are any, as to how to overcome this, etc, would be great.

 

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