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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Post Third Party Debt Collecters V. Myself (in Process)

    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 gonna 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...AM I DOING THE RIGHT THING?

    Any feedback appreciated. THANK YOU.

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