euphoric85

Small claims suit filed by Midland in Illinois

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Hey all,

Recently found out I'm being sued by Midland in IL small claims.  I have yet to actually be served, so am taking this time to get as prepared as humanly possible!  Here's the good ol Q&A:

 

1. Who is the named plaintiff in the suit?

        Midland Funding, LLC

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

        Blitt and Gaines PC

3. How much are you being sued for?

        $910.21

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

        GE Capital/Synchrony (Walmart store card)

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

        Haven't been served yet- letter from a local attorney prompted me to check online county court records.  I paid the clerk for copies of the Complaint/Summons

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

        Not served yet, but it appears they've been attempting in-person service to my home via a private process server

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

        If they do it by the above method, yes it will be

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

        I'd received dunning letters from them in the past that I foolishly threw away. No other communication that I recall

9. What state and county do you live in?

        Winnebago County, IL

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

        02/01/2014

11. What is the SOL on the debt?

        5 years

12. What is the status of your case?

        I haven't been served yet

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

        Yes

14. Did you request debt validation before the suit was filed?

        No

15. How long do you have to respond to the suit? ...  Did you receive an interrogatory (questionnaire) regarding the lawsuit?

        The charge is "Contract Money Damages (SC) - Exceeds $500.00 but not $2,500.00".  Once I'm actually served it looks like I have 30 days to respond.  No interrogatories.

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

        An affidavit from a Midland employee
        An affidavit from a Synchrony employee
        Bill of Sale re: sale of group of accounts purchased by Midland from Synchrony
        Purchasing Agreement re: sale of group of accounts purchased by Midland from Synchrony
        Computer printout with my name, account details, etc. purporting that my account was included in that purchased
        Final statement from Synchrony showing balance of $910.21

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Complaint

 

 

Plaintiff, MIDLAND FUNDING LLC , by its attorneys, XXXX, as and for its complaint herein against Defendant(s), hereby alleges as follows:

1.                   The Defendant(s) utilized a charge account and/or line of credit issued by SYNCHRONY BANK/WALMART or its predecessor in interest, which was opened on XXXX.

2.                   Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth in detail, all debits and credits, the total balance due, the interest rate and theminimum payment.

3.                   Defendant(s) eventually failed to make the minimum payment(s).

4.                   Attached hereto and incorporated herein as Exhibit "1" is a copy of the last periodic statement provided to Defendant prior to charge-off.

5.                   Defendant(s) did not object to the statement, indicate that the statement contains an error, nor indicate that it was erroneous in any respect within a reasonable period of time.

6.                   Plaintiff was assigned all rights and title to the account. Plaintiff is currently the bona fide owner thereof

7.                   After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to Plaintiff the sum of XXXX.

8.                   By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for Account Stated in the sum of XXXX, plus court costs.

9.                   Despite due demand, Defendant(s) have failed and/or refused to pay the amount due and owing as indicated on the final statement.

WHEREFORE, the Plaintiff, requests judgment against Defendant(s) for Account Stated in the sum of XXXX, plus court costs; and for such other and further relief as this Court deems just and proper.

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I dug into my records and found the original card agreement, which Midland did not attach to their complaint.  There is a section on arbitration (attached) which from what I can see, would make filing a MTC Arb a good tactic in this case.  The only other angle of attack I can see would be perhaps filing an MTD based on their failure to provide the original card agreement.  Either way, I want to make sure I follow the process as "to the letter" as I can!

According to the Summons, I can either file an Answer and they'll mail me a trial date, or I can show up on the return date listed and deny the allegations, at which time a trial date will get set.  I'd just as soon file an Answer and not have to show up there for now.  In Illinois small claims, would I file either the MTC or MTD instead of an Answer?  Do I need to file motions for leave before filing either of those?  Since I haven't been served yet, would I be better sending them a Demand for Arbitration letter first, hoping they'll then drop the case?

I'm getting a bit lost on the procedural end of things here

GEArbitration.pdf

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On 2/8/2017 at 2:12 PM, euphoric85 said:

 The only other angle of attack I can see would be perhaps filing an MTD based on their failure to provide the original card agreement.

This will not work.  First, they wouldn't be required to present the contract with the initial complaint, but second, they are not suing on breach of contract so they never have to present the contract.  They are suing on account stated, which means they will need to show that one statement was sent to you, which they likely will do.

I don't know IL procedures, but as far as I know, it can't hurt to file an answer that denies all allegations and lists an affirmative defense of "lack of subject matter jurisdiction" because of the arbitration clause taking away the court's jurisdiction over this contract.  I would file the MTC at the same time as the answer.

Sending a letter to Midland will do absolutely nothing.  They don't care because they are hoping you just don't show up for the court date and they get the easy default judgement they bank on.  They will never dismiss before the court date.

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Per IL law, they should have included a copy of the written contract in the complaint

. r.google.com/scholar_case?case=4775885122380971186&q=written+instrument+credit+card+debt&hl=en&as_sdt=4,14

Here, the written instrument upon which plaintiff's claim was founded was defendant's original credit card contract with Household Bank, which contract plaintiff then purchased from the bank. See, e.g., Parkis v. Arrow Financial Services, LLS [sic], No. 07-C-410, slip op. at 4, 2008 WL 94798 (N.D.Ill. January 8, 2008) (the defendant, a company engaged in the business of buying bad debts from banks, had acquired the right to collect a credit card debt owed by the plaintiff to the bank; the plaintiff brought suit against the defendant, arguing that the failure to attach the written contract between the credit card company and the plaintiff, which was the basis for the suit, violated section 2-606; the district court agreed with the plaintiff); see also Ramirez v. Palisades Collection LLC, No. 07-C-3840, slip op. at 3, 2008 WL 2512679 (N.D. Ill. June 23, 2008) (same). Here, the original credit card contract was not attached. Nor did the complaint include a recitation of all the relevant terms of the contract. See 735 ILCS 5/2-606 (West 2006) (written instrument must be attached to the pleading as an exhibit or recited therein). Finally, plaintiff failed to include an affidavit stating facts showing that the instrument was not accessible to it so as to excuse the failure to attach the written contract. 735 ILCS 5/2-606 (West 2006).

 

 

This is a thread from an IL OP won got his dismissed with litigation. It is somewhat involved, and he had IL members to assist him.

 

However, as fisthardcheese suggested, you can also fight this with arbitration.  I think we had some IL  OPs win that way, but I can't find any threads.

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Right,  that's my thought process, is should I attack the lack of the original contract first, and then if that doesn't work, THEN pursue arbitration?  I've heard that in some states if you don't do arbitration FIRST then you're screwed. I'm not clear if that is the case in IL. And I'm not clear what the process is for arbitration because I've also heard that if you don't get the arbitration process perfect you could get screwed.

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735 ILCS 5/2-606

If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her.

They only have to provide a copy of the agreement if they're claim is based upon a written instrument.  An account stated claim wouldn't require a copy of the agreement.

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12 hours ago, euphoric85 said:

And I'm not clear what the process is for arbitration because I've also heard that if you don't get the arbitration process perfect you could get screwed.

The rules for arbitration are listed on each forums website.  Either AAA or JAMS.  The instructions for filing a case with them are included right on the Demand For Arbitration Forms which are also found on their respective websites.  Arbitration is far easier to navigate than court.  The rules are simple and almost all communication prior to the hearing is through email.

Now, with that said, arbitration is secondary, so I wouldn't even worry about it for now.  Getting the MTC granted by the court is the most important step before arbitration is even dealt with anyway.

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STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT COUNTY OF WINNEBAGO

 

Midland Funding, LLC, Plaintiff

vs.

Your Name, Defendant

 

DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO COMPEL ARBITRATION AND DISMISS OR STAY THIS ACTION UNDER 735 ILCS 5/2-619 AND 9 U.S.C. S 

 

1. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A, attached).

2. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

What claims are subject to arbitration 1 . If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any Other user of your account, and us, our affiliates, agents and/or Wai-mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

3. The Federal Arbitration Act (FAA) 9 USC, Section provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

 

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

 

4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET , states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna ,http://www.law.cornell.edu/supct-cgi/get-us-cite?546+440"] 546 U. S. 440'>"http://www.law.cornell.edu/supct-cgi/get-us-cite?489+468"] 489 U. S. 468'>"http://www.law.cornell.edu/supct-cgi/get-us-cite?489+468"] 489 U. S. 468, 478 (1989) ."

5. The Illinois Supreme Court has instructed that when a trial court is "presented with a motion to stay litigation pending arbitration under section 3 of the FAA,  the court's inquiry is limited to whether an agreement to arbitrate exists and whether it encompasses the issue in dispute." Jensen v. Quiklnt'l, 213 III. 2d. 119,123-24, 820 N.E. 2d 462,465(2004) (emphasis omitted).   If the answer to both of these questions is "yes," a stay is mandatory.  Id; see also e.g., Merit Ins. Co. v. Leatherby Ins. Co., 581 F.2d 137,142 (7th Cir. 1978).   ("If the agreement to arbitrate is valid the court has no further power or discretion to address the issues raised in the complaint."); Volkswagen of Am., Inc. v. Sud's of Peoria, Inc., 474 F.3d 966, 971 (7th Cir. 2007) (same).   Here, this court is required to stay or dismiss this action until arbitration is complete. See 9 U.S.C. § 3. 

 


6. The Defendant elects arbitration to settle this dispute.


WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.



Respectfully submitted this day ________________, 2012


(Your name typed), Defendant, pro se



VERIFICATION BY AFFIDAVIT

Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief.

 

_______________________________________


Witness my hand and official seal this the _________ day of __________, _________.



(SEAL)

____________________________________
Notary Public

My Commission expires:

____ / ____ / ________.



I CERTIFY that I mailed a copy of this MOTION to:

XXXXXXXXXXXXXXXXX., Plaintiff's attorney
Their address


By: Your name typed, Defendant

Date: __________________, 201

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    ~Thi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT

 

 

 

Comes now the Defendant, pro se, and submits the following answer to Plaintiff's complaint.

 Defendant ADMITS he is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court.

Then for each allegation in the Complaint, 

1.  DENY

2 etc

 

 

CERTIFY that I mailed a copy of this ANSWER  to:

Attorney's Name Plaintiff's attorney

Attorney's Address

By: Your Name Typed, Defendant Date

 

 

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debtzapper those are epic, thank you!

So even though the cardholder agreement says I need to send them a letter electing arbitration, I don't need to do so?  The MTC is enough on its own?

Also, I'm guessing I need to attach the cardholder agreement to the Motion, but let's say I do that, file the MTC and it gets denied.  At that point I can no longer try to attack their lack of the cardholder agreement since I just provided it myself, right?

 

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On 2/12/2017 at 11:23 PM, BV80 said:

735 ILCS 5/2-606

If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her.

They only have to provide a copy of the agreement if they're claim is based upon a written instrument.  An account stated claim wouldn't require a copy of the agreement.

 

On 2/12/2017 at 6:26 AM, fisthardcheese said:

This will not work.  First, they wouldn't be required to present the contract with the initial complaint, but second, they are not suing on breach of contract so they never have to present the contract.  They are suing on account stated, which means they will need to show that one statement was sent to you, which they likely will do.

I don't know IL procedures, but as far as I know, it can't hurt to file an answer that denies all allegations and lists an affirmative defense of "lack of subject matter jurisdiction" because of the arbitration clause taking away the court's jurisdiction over this contract.  I would file the MTC at the same time as the answer.

Sending a letter to Midland will do absolutely nothing.  They don't care because they are hoping you just don't show up for the court date and they get the easy default judgement they bank on.  They will never dismiss before the court date.

 

From what I can tell, even with an account stated claim, IL case law suggests they still need the original agreement:

 

“An account stated has been defined as an agreement between parties who have had previous transactions that the account representing those transactions is true and that the balance stated is correct, together with a promise, express or implied, for the payment of such balance." McHugh v. Olsen, 189 Ill.App.3d 508, 514, 545 N.E.2d 379 (1st Dist. 1989). "An account stated is merely a form of proving damages for the breach of a promise to pay on a contract." Dreyer Medical Clinic, S.C. v. Corral, 227 Ill.App.3d 221, 226, 591 N.E.2d 111 (2d Dist. 1992). A cause of action for an account stated therefore requires allegation and proof that (1) there was a contract between the parties, such as a credit card agreement or a contract for the sales of goods or services, Dreyer, 227 13 Ill.App.3d at 226-27, (2) a statement of account was sent to the party sought to be held liable, and (3) the statement was agreed to, expressly or by implication. Thomas Steel Corp. v. Ameri-Forge Corp., 91 C 2356, 1991 U.S.Dist. LEXIS 18110, 1991 WL 280085 (N.D.Ill., Dec. 27, 1991). Agreement may be inferred from payment or retention for a substantial period without objection. However, both the basic agreement and the rendition of an account must be proven. “[T]he rule that an account rendered and not objected to within a reasonable time is to be regarded as correct assumes that there was an original indebtedness, but there can be no liability on an account stated if no liability in fact exists, and the mere presentation of a claim, although not objected to, cannot of itself create liability. . . . In other words, an account stated cannot create original liability where none exists; it is merely a final determination of the amount of an existing debt.” Motive Parts Co. of America, Inc. v. Robinson, 53 Ill.App.3d 935, 940, 369 N.E.2d 119 (1st Dist. 1977). Thus, a cause of action for an account stated is founded on both (a) the underlying contract and (b) the statement of account sent to the debtor and agreed to by the debtor. Both must be attached.

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2 hours ago, euphoric85 said:

debtzapper those are epic, thank you!

So even though the cardholder agreement says I need to send them a letter electing arbitration, I don't need to do so?  The MTC is enough on its own?

Also, I'm guessing I need to attach the cardholder agreement to the Motion, but let's say I do that, file the MTC and it gets denied.  At that point I can no longer try to attack their lack of the cardholder agreement since I just provided it myself, right?

 

The MTC is a notice of arbitration election. That is all I would send the Midland attorney.

If the MTC is denied, I would appeal.  It is a matter of law that you are entitled to arbitration and the Supreme Court has upheld this many times. Once you show that an arbitration clause exists and elect to use it, the courts have no other choice.

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On ‎2‎/‎12‎/‎2017 at 11:23 PM, BV80 said:

735 ILCS 5/2-606

If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her.

They only have to provide a copy of the agreement if they're claim is based upon a written instrument.  An account stated claim wouldn't require a copy of the agreement.

You have gotten some good suggestions here.  I am from IL.  Even though they did not follow the IL Collections Act requirements for attachments to support the suit, that will not stop most judges from finding against you.   They know you normally would not try to appeal.  In fact, Blitt and Gaines know this also and count on you not showing up for an easy default judgment.  Then it does not matter that they failed to meet their requirements.   Typical garbage complaint. 

Show up on your court date.  Prepare a general denial, affirmative defense using the above Illinois statue and arbitration as the proper venue as suggested before.  Prepare a motion to compel arbitration along with a notarized affidavit stating the contract you have is the governing agreement to the best of your knowledge.  Highlight the arbitration provision.  Prepare your arbitration submission with AAA or JAMS and have that available if needed.   There are examples of all these documents on this site and most are very good. 

When you show up (and you will probably be the only one for the 20+cases B&G has that day), they will take you aside and try to negotiate a stipulated settlement.  Tell them what you have prepared and your settlement is they dismiss and walk away or you proceed with forcing the arb route which is your contractual right.   Do not worry about them saying how much arb costs since they will be footing the bill.   This is a $1000 case, I would guess they will not spend $5K + to chase it. 

If they continue and you win the MTC, which you should, go and file the arb immediately.   Doubt it will get that far.  Just your preparation should tell them you are not the low hanging fruit and go mess with someone else.  The dollar amount here is too small.

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11 hours ago, euphoric85 said:

 

 

From what I can tell, even with an account stated claim, IL case law suggests they still need the original agreement:

 

“An account stated has been defined as an agreement between parties who have had previous transactions that the account representing those transactions is true and that the balance stated is correct, together with a promise, express or implied, for the payment of such balance." McHugh v. Olsen, 189 Ill.App.3d 508, 514, 545 N.E.2d 379 (1st Dist. 1989). "An account stated is merely a form of proving damages for the breach of a promise to pay on a contract." , S.C. v. Corral, 227 Ill.App.3d 221, 226, 591 N.E.2d 111 (2d Dist. 1992). A cause of action for an account stated therefore requires allegation and proof that (1) there was a contract between the parties, such as a credit card agreement or a contract for the sales of goods or services, Dreyer, 227 13 Ill.App.3d at 226-27, (2) a statement of account was sent to the party sought to be held liable, and (3) the statement was agreed to, expressly or by implication. Thomas Steel Corp. v. Ameri-Forge Corp., 91 C 2356, 1991 U.S.Dist. LEXIS 18110, 1991 WL 280085 (N.D.Ill., Dec. 27, 1991). Agreement may be inferred from payment or retention for a substantial period without objection. However, both the basic agreement and the rendition of an account must be proven. “[T]he rule that an account rendered and not objected to within a reasonable time is to be regarded as correct assumes that there was an original indebtedness, but there can be no liability on an account stated if no liability in fact exists, and the mere presentation of a claim, although not objected to, cannot of itself create liability. . . . In other words, an account stated cannot create original liability where none exists; it is merely a final determination of the amount of an existing debt.” Motive Parts Co. of America, Inc. v. Robinson, 53 Ill.App.3d 935, 940, 369 N.E.2d 119 (1st Dist. 1977). Thus, a cause of action for an account stated is founded on both (a) the underlying contract and (b) the statement of account sent to the debtor and agreed to by the debtor. Both must be attached.

 

I responded to what had been pointed out what your rules state must be attached to a complaint if suing on a breach of contract, whereas you're being sued on account stated  

The case law you cited is based upon proving an account stated, not what must be attached to the complaint when the lawsuit is filed.

Also notice that you've cited older case law.  You need to make sure it's still in effect.

 

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3 minutes ago, euphoric85 said:

Definitely appreciate all the input guys! It does look like arb is the way to go here.  I'm working on getting all the pleadings nailed down now. 

 

 

Read everything you can find by @fisthardcheese.   @debtzapper has provided an excellent template.   You might simply want to eliminate the words highlighted in blue (Cornell website references).  

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I used @debtzapper's motion as a template and came up with what I think is a pretty solid MTC.  My next question though, in Illinois small claims, one is not allowed to file Motions without leave of the court.  From what I gather, one can attach a Motion For Leave on the front of their Motion For Whatever and 9.8/10 times the judge is fine with it, it's merely a formality.  Is something like this all that would be needed for that? I'm guessing I wouldn't need to go into a bunch of detail, since the MTC does all that already?:

 

(Court heading)

MOTION FOR LEAVE TO FILE INSTANTER

MOTION TO COMPEL PRIVATE ARBITRATION AND DISMISS OR STAY

The Defendant, XXX, pro se, moves this Honorable Court to grant Defendant leave to file an instanter Motion to Compel Private Arbitration and Dismiss or Stay, pursuant to Illinois Supreme Court Rule 287.

 

Respectfully submitted this day ________________, 2017


XXX, Defendant, pro se

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@euphoric85

You are correct;  leave of court is required for a motion.

I can't open this file with my computer, but see if this MTC can help you

in the circuit court of cook county, illinois - JD Supra

www.jdsupra.com/documents/52b847ca-a9a4-4243-b140-b7a6f95c1b33.doc
  1.  
  2.  
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS. COUNTY ... (“Defendants”) motion to compel arbitration and stay judicial proceedings, states as follows.

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17 hours ago, debtzapper said:

@euphoric85

You are correct;  leave of court is required for a motion.

I can't open this file with my computer, but see if this MTC can help you

in the circuit court of cook county, illinois - JD Supra

www.jdsupra.com/documents/52b847ca-a9a4-4243-b140-b7a6f95c1b33.doc
  1.  
  2.  
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS. COUNTY ... (“Defendants”) motion to compel arbitration and stay judicial proceedings, states as follows.

Your link is only the Opposition to the MTC.  We can't see the actual MTC in this file.

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7 hours ago, fisthardcheese said:

Your link is only the Opposition to the MTC.  We can't see the actual MTC in this file.

OK   I had hoped an actual MTC was in there.

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I finally got served an Alias Summons last week and have all of the paperwork prepared to file tomorrow.  I'm filing my Appearance, Motion for Leave to File Instanter Motion and Motion To Compel Arbitration.  Gross $170 filing fee, but fingers crossed!

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10 hours ago, euphoric85 said:

I finally got served an Alias Summons last week and have all of the paperwork prepared to file tomorrow.  I'm filing my Appearance, Motion for Leave to File Instanter Motion and Motion To Compel Arbitration.  Gross $170 filing fee, but fingers crossed!

You Go, Euphoric!

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Well I filed everything and the First Return date came and went.  I didn't attend since I filed a written Appearance and was out of town that week.  The Summons itself said that a written Appearance was sufficient for that First Return.  Bad part about that is no one has notified me of the result.  I checked the online case record and a hearing date was set for mid-May, then I ordered a copy of the Set for Hearing order from the courthouse which LOOKS like it says "Defendant's motion denied", but it's hard to make out with the awful handwriting.  I do make out "Plaintiff to notify Defendant", yet I have heard nothing from the Plaintiff's lawyers.

So operating under the assumption that my Motion to Compel was denied, what are my next steps?  Obviously the next hearing I'll need to actually show up and that will be helpful so I'm not in the dark lol.  But as far as any further motions, etc.  I'm guessing I can't really ask anyone why the motion was denied until I get in front of the judge during that hearing.

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