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-   -   Debt collector V. Myself (so far.) (https://www.askmehelpdesk.com/showthread.php?t=235743)

  • Jul 9, 2008, 06:31 PM
    jayron242
    Debt collector V. myself (so far.)
    My question involves collection proceedings in the State of: ILLINOIS

    Last Date of Activity on account: Unknown (but definitely before 2004)

    Hi everyone, thanks for reading...

    I've taken it upon myself to represent myself in court. I received a summons and a vague complaint with an amount and my old credit card account number. I replied to the Complaint with the defenses that 1) the Complaint lacked any statement of account or signed contract, 2) there is no proof of assignment/title to this account, 3) there has been no debt validation and 4) no description of amount due.

    I went to my court date and the opposing counsel talks with me in the hall. He asks me if I think he is bullsh*tting me or am I going to pay. I basically repeated my Answer to him, said I disputed it. I wanted due process. He told me he will try to get what I'm asking for in my Answer by our next trial date. Through this request I am hoping to get from them the exact date of any last activity on this account to see if I can raise SOL (five years in IL).

    Since receiving the summons and before our first trial date on July 8, I sent a certified letter to the attorney requesting validation of the debt (within the requisite 30 days). I am going to wait 30 days since *their* receipt thereof of my request, and, if I hear nothing, I will motion to dismiss with prejudice on that basis along with SOL.

    My question is... DOES THIS SOUND APPROPRIATE?

    I'm not trying to weasel out of a debt. But I'm not paying just anyone for some old debt for whatever they ask for. That's about it...

    Thanks again.
  • Jul 9, 2008, 07:09 PM
    Fr_Chuck
    Sounds about right, except for talking to lawyer in hall, that I would not have done.

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