Thankyou24 Posted December 26, 2018 Report Share Posted December 26, 2018 Basics: Sued by OC in Illinois for Breach of Contract. Amount under $10,000 Complaint states that "Defendant breached the Agreement" with Agreement as a capitalized term, however Agreement is not defined within the complaint. Plaintiff attached to complaint the last statement issued Plaintiff did NOT attached the actual Cardmember Agreement I have filed an appearance before the return date (an answer is not required as amount under $10,000) I have done research on this site and I know that I need to file a motion to compel arbitration. However to do that I need to find the cardmember agreement to cite the correct statute therein. I also have seen here that Illinois state law requires a breach of contract complaint to provide a copy of the contract. I've searched here: https://www.consumerfinance.gov/credit-cards/agreements/ and I can't find the correct cardmember agreement that applies to me. I have two questions: Do I need to file some type of motion to compel the plaintiff to provide the agreement? Or do I simply show up in court on the date they assign and ask for the agreement? This card is quite old (was active for a long time). What agreement would apply to this case? Would it be the active agreement at the time I opened the account or the active agreement at the time I made my last payment? Thank you everyone - your help is invaluable. Quote Link to comment Share on other sites More sharing options...
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