My question involves collection proceedings in the State of: Illinois.
I have been attempting to educate myself on the legal aspects of collection. I was delivered a Summons to Appear on or about December 29th, 2011 to answer a complaint filing on December 19th, 2011 via appearance on 1/31/2012. It was the first response I received from the CA representing the Plaintiff after requesting Debt Validation on May 17th, 2011.
I was present on 1/31/2012. The CA did not show. I am attempted to represent myself in the matter. The Judge advised that because the Plaintiff's attorney was not present I could set the next court appearance at "a time convenient for you". So I chose 30 days. Next court date is March 6th, 2012.
I figured in the interim I could fire off another correspondence to the CA. Then I stumbled across a very helpful guide in preparing the proper documents in answering the complaint, presentation of the affirmative defenses, sworn denial, etc.
My question is: How do I tell if I am being sued for "Suit On Account" or "Breach of Contract". I reviewed some alternative complaints/petitions. And it seems a section prior to the paragraphs of the complaint is supposed to be present which states the cause for action.
Should a Motion to Dismiss be granted solely on the lack of inclusion of a cause for action? If so, is that all I need to list in my Motion To Dismiss? "Plaintiff's Complaint contains no Cause for Action."
It would seem to me I should withhold all potential affirmative defense statements connected with either "Suit On Account" or "Breach of Contract" until a Cause for Action specifies which it is the complaint is being filing under.
I look forward to your advice and further freeing me from my ignorance.
Appreciating in advance...