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  1. #1
    Join Date
    Oct 2013

    Default How to Defend Myself Against a Collections Lawsuit

    Hi all,

    This is my first post and hopefully you can forgive me if I make any errors. I appreciate any help with this matter and send thanks in advance.

    My question involves collection proceedings in the State of IL. I'm currently being sued by a OC (I think) via an law firm in IL circuit court of cook county. I filed an appearance, paid the fee and have a my first court date of this Tuesday. I did not file an answer per "" (IL Supreme Court Rules 281-289) No Answer is required unless ordered by Court. IL SCR 286(a). The Rules define a small claim as one seeking damages of $10k or less, excluding interest and costs. IL SCR 181"".[/I][/I][/I][/I].. and so my questions are this:

    - How / Can I file for discovery?
    - Is the affidavit permissible since it shows the credit card number with all "X's" not even the last four digits. They also show no list charges or fees? (see below par.4)
    - The original complaint is as follows:
    1) The Plaintiff Capital one Bank (USA) NA claims as follows:
    2) The defendants "My Name" is/ are resident of cook county, IL
    3) The defendants opened an account agreeing to make monthly payments for purchases and charged to the account.
    4) The defendants did make purchase and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing "3***.**" (See Client Affidavit as Plaintiff's Exhibit No. 1.)
    5) Plaintiff declared Defendants to be in default and demands payment of balance.

    Wherefore the plaintiff, prays for judgement against the defendant in the amount of $3***.** plus costs.

    The original Affidavit:

    PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths,Diane Trittipoe, who states under oath as follows:
    1. 1 am over 18 years old and competent to testify to the matters set forth herein. I am an employee of Capital One Services, LLC, ("COSLLC"), an agent and affiliate of Plaintiff CAPITALONE BANK (USA), N.A. ("Capital One"). COSLLC provides services to Capital One in connection with its credit card and related banking practices and my job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Capital One needed to validate the below information. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities, 1 have personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records, including computer records of customer accounts.

    2. The Capital One books and records are made in the course of Capital One's regularly conducted business activity and it is a regular practice of Capital One to make these books and records.Each of the Capital One books and records reviewed are made: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or, (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs.

    3. Capital One is the original creditor on this account. According to the books and records of Capital One, a Capital One account was opened in Defendantís (s') name for the purpose of obtaining an extension of credit. Subsequently, this account was used to acquire goods, services or cash advances in accordance with the Customer Agreement governing use of that account. Defendant(s) have failed to make the required periodic payments on the account.

    4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capita l One on account number X.XXXXX.XXXXXXXXXX for the just and true sum of $3***.** as of **/**/2013, and that all offsets, payments, and credits have been allowed. This balance is comprised of Defendant's(s) outstanding debt on the date the account charged off (including any pre-charge-off transactions, interest, and/or fees) less any offsets, payments, or credits applied to the account after the charge-off date.
    5. Nothing in the books and records of Capital One indicate or show that the Defendant(s) is/a re a minor/minors, is/are mentally incompetent or is/are otherwise incapacitated.
    6. I declare under the penalty of perjury that the foregoing is true and correct and if called as
    a witness I would competently testify, under oath, thereto.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Defend Myself Against a Collections Lawsuit

    You conduct discovery in accord with the court rules.

    Whether or not you can seek validation at this point, at least in the sense of the FDCPA, will depend upon whether the lawsuit was your first collection notice and how many days have passed since you received that notice; but you're free to pursue validation if you choose and many creditors will voluntarily validate a debt even past the initial deadline. If you are entitled to validation at this point, the law firm should provide it. You can also, of course, properly dispute the claim and make the creditor prove the debt at trial.

    The reasons for redacting personal information from a public record should be obvious. You don't want your name, address, SSN, DOB, and credit information together in a file that is available to any person who goes to the courthouse and asks to see it (or, in some states and courts, online). You had the sense to redact your information here for exactly the same reason.

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