update on bench trial!
Date: Sun, 12/02/2007 - 18:36
I had also answered the complaint in early Nov, and used the lack of proof of the debt and the expired SOL as my defenses. Then arrow moved to strike my defenses.
The guy representing the CA let it slip that he does not believe that they have or can find the original or a copy of this credit card agreement. I tried not to laugh when he told me this.
He also knew of the guy who will be representing me, and said that he hopes that Arrow will send me some documentation, hopefully some of it would "ring a bell in my head that this is my debt", and this issue could be resolved without my "attorney clouding it up too much". Hilarious!
So, if indeed this was a time barred debt, I am going to be suing this collection agency for the violation and also for damages $$$$$$$$ :D . I have been so stressed out and of course- missing work for all these court dates.
I have a status hearing on January 18th.
If I had not found this website, I probably would have gone to the hearing, and basically Arrow Financial would have bent me over!
I'll keep you all updated!
I'm happy to hear things are going your way right now, it seems
I'm happy to hear things are going your way right now, it seems like they are going to tank themselves. I wish you the best of luck friend.
I hope that you sue the pants off of them. ladybug
I hope that you sue the pants off of them.
ladybug
Well, you are quite lucky that you got a status conference, I ha
Well, you are quite lucky that you got a status conference, I have dealt with a-hole judges whose basic response it is "Counselor, you have had all this time to make a motion. (then say to the other side), get your trial attorney on the phone, we're picking a jury in 2 hours if this thing isn't settled by then, be in my chambers in 10 minutes for a final conference"
Just a question here but with their attny giving out that inform
Just a question here but with their attny giving out that information.. couldn't he get into trouble or disbarred if his client didn't wish him to reveal that info?
Hey Guest - what county in IL is this? I have similar case co
Hey Guest - what county in IL is this?
I have similar case coming up in Jan in McHenry County. I'm getting an attorney to represent me - but I'm really curious as to what county in IL your case was heard in.
The client would basically sign an affidavit saying that the rec
The client would basically sign an affidavit saying that the records can not be found, that would serve for the lack of physical evidence.
But remember, a trial is based primarily on facts; the law had already been argued up to that point. At this point, it's just fact, which is why the Plaintiffs did not move for summary judgement on the matter. If the original paperwork were present, Guest would be dealing with a motion. Now, it's not there, so it's a trial now. However, if they do locate the paperwork, Plaintiff's can motion for leave to file a summary judgement motion.