Author Topic: Being sued by Portfolio Recovery/Express card  (Read 2465 times)

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biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #60 on: March 24, 2017 03:51:06 AM »
Well Bruno, Cook County is the second most populous county in the entire United States  save one in California.  Because of this, in part, and because the county is very large geographically, the county circuit court system is divided into several different districts. At one time, many law firms "filed" their lawsuits (in part for its convenience) at the "county seat" i.e. the Cook County Courthouse (AKA Daley Building) in downtown Chicago - where at lot of law firms have their offices located, in downtown Chicago that is ;) . Anyway there has been precendence set that a lawsuit filed "downtown" for a defendant who would normally have their case heard in a suburban district, is a lawsuit filed incorrectly and I BELIEVE that at least one large consumer law firm there has successfully argued that such improperly filed lawsuits are a FDCPA violation - I will have to research that point.

« Last Edit: March 24, 2017 04:30:43 AM by biffster7199 »

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #61 on: March 24, 2017 03:56:16 AM »
 Here is a link to a similar suit that was successful:

http://gsgolaw.com/7th-circuit-finds-fdcpa-violation-filing-wrong-county-court/

To the OP: Here's what I would do if I were you; I would determine from the summons where you are to "appear", then go to the Cook County Circuit Court Website and determine, based on where you live, what Circuit Court "District" you live in. Then I would compare the two "districts"  to determine if the suit was filed in the correct district. If not filed properly, I would probably contact a consumer attorney <Removed> and see what they think and if they will represent at no cost. But that is just what I would do. Good Luck!





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« Last Edit: May 19, 2017 11:53:16 PM by Admin0248 »

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #62 on: May 15, 2017 08:07:39 PM »
Hello again!  Is there a template I can find for filing a MTC arb in Illinois?

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #63 on: May 15, 2017 08:45:19 PM »
Yes.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #64 on: May 15, 2017 09:26:11 PM »
Thank you!  I'm on the AAA site looking for the demand for arbitration form for consumers which I found.  Can I file for arb online and file a MTC on the same day?

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #65 on: May 18, 2017 05:58:21 PM »
So!  I hope I'm going in the right direction with this.  Can someone take a look at my MTC?

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #66 on: May 18, 2017 06:37:26 PM »
Thank you!  I'm on the AAA site looking for the demand for arbitration form for consumers which I found.  Can I file for arb online and file a MTC on the same day?



Yes. Attach a copy of the AAA application so the court knows you mean business.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #67 on: May 18, 2017 10:22:16 PM »
Not that the OP has acknowledged a single constructive comment I've made, but it is worth mentioning, AGAIN, that  you need LEAVE OF THE COURT (i.e. the judge's permission) to file a MTC in Illinois Small Claims Court. That "leave" could be obtained at the "status call" on the case or even the initial appearance date (assuming neither has passed yet). No telling if the judge will deny granting leave. FWIW the PRA attorney in one circuit I observed , comes to SC  with a double ream paper box full of case files - they definitely have an assembly-line approach to  suing/pursuing their cases.

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #68 on: May 18, 2017 10:32:30 PM »
One final thought: The "paper" by Dan Edelman referenced and attached in an earlier comment to this thread, while excellent and one that I personally  have printed out,studied and utilized in cases of my own in the past, is, alas, now outdated given changes in the requirements(burden of proof) for JDB's;  ironically signed into law by a governor who started out his political career as a consumer advocate. Case in point: JDB's no longer need to produce the "consideration" paid for a group of debts along with several other consumer unfriendly changes :/

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #69 on: May 19, 2017 06:02:25 AM »
To the OP : I believe  you will want to have filled out a "Motion for Leave to File Instanter ..." in your case to file a Motion To Compel private contractural arbitration.  On other forums I have read but cannot ascertain, that during a regularly scheduled court appearance (Status Call, Initial Appearance Date) the defendant has been able to verbally request leave of the court and have their motion to file granted. In most, if not all , of these instances the poster was appearing in SC in a "collar county" of Chicago not in Cook County SC sooo I wouldn't count on your particular judge being this  lax. Have you filed your appearance yet and if so, are you requesting a waiver of the appearance fee?  For cases in downtown Chicago, my understanding is that a clerk reviews(by asking various questions) the defenddant's eligilbility to request a fee waiver ; in other court circuits of Cook County, a clerk will go into the judge's court room during scheduled hours and have you appear directly before the judge who is going to hear your case and they will determine whether or not you get a fee waiver- it's a great way with little legal downside to "get a feel" for your judge and see how they run "their" court.  Just my two cents

Bruno the JDB Killer

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I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #71 on: May 19, 2017 04:23:09 PM »
To the OP : I believe  you will want to have filled out a "Motion for Leave to File Instanter ..." in your case to file a Motion To Compel private contractural arbitration.  On other forums I have read but cannot ascertain, that during a regularly scheduled court appearance (Status Call, Initial Appearance Date) the defendant has been able to verbally request leave of the court and have their motion to file granted. In most, if not all , of these instances the poster was appearing in SC in a "collar county" of Chicago not in Cook County SC sooo I wouldn't count on your particular judge being this  lax. Have you filed your appearance yet and if so, are you requesting a waiver of the appearance fee?  For cases in downtown Chicago, my understanding is that a clerk reviews(by asking various questions) the defenddant's eligilbility to request a fee waiver ; in other court circuits of Cook County, a clerk will go into the judge's court room during scheduled hours and have you appear directly before the judge who is going to hear your case and they will determine whether or not you get a fee waiver- it's a great way with little legal downside to "get a feel" for your judge and see how they run "their" court.  Just my two cents

Hi Bliffster!  I already paid the appearance fee and the trial date is next Wednesday so no fee waiver is necessary.  Was planning on going to the courthouse today to file my motion  FWIW, I wasn't ignoring any advice I received on this thread and it's much appreciated.

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #72 on: May 19, 2017 05:00:16 PM »
http://www.illinoiscourts.gov/Forms/approved/procedures/Motion_Suite_Approved.pdf

You can use this form.

Thanks!  This form helps a lot!  I'm assuming I can use this to file my motion by taking this to the file clerk's office today

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #73 on: May 19, 2017 05:48:11 PM »
It says it is acceptable in all courts, including small claims, so if the clerk gives you a hard time refer them to their own judicial website.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #74 on: May 19, 2017 11:36:30 PM »
Thanks for the reply YYWannaNo.  Regarding your MTC, you are going to have to DEFINITELY get to the courthouse A.S.A.P. this coming Monday morning I believe. AGAIN, I'm not an attorney, but I have "gone through the process" (joy of joys) of Cook County SC Pro SE. So here's the "thing": Any motion outside of a 2-619 has to be "filed" with the permission (leave of the court - i.e. judge) of the court. Also, any motion is going to have to have a hearing scheduled for it.  All motions need to be filed on a "timely" basis with opposing counsel properly notified and given time to respond in writing. I believe the normal minimum amount of time required is something like 28 days!

   So tonight online, first I would check the "court's" (meaning your particular judge's) schedule. Many in Cook County suburban Districts have court in session on Monday,Wednesday, and Friday.  Usually around 9:00 A.M. the courts have "Status Calls". Usuallly most of the attorneys representing JDBs are there at some point, but no guaraantee (you want your opposing council to be there for reasons I'll expllain in a moment ) So, have you Motion for Leave to File INSTANTER (the last word is important), your Motion to Compel Private Contractual Arbitration, and "pre-made" judges order ( thinking positvely that the judge will grant you leave to file). Monday Morning go to the Clerk of the Court's office and nicely ask the Clerk you would like to see about getting before the judge for your case to seek "leave"to file a Motion. If you are lucky, the clerk will give you minimum resistance and tell you to wait and they will see about getting you before the judge that morning during the Status Call session or shortly thereafter (actual trials start after Status Calls). You will then go in front of the judge. Hopefully, the counsel for the JDB is somewhere in the courtrooom so that the judge doesn't "shoot  you down" on the grounds that "hearing" your Motion for Leave to file Instanter would be considered an ex parte motion - there are only allowed in very specific and urgent matters IIRC.

Then you have to "jump the hurdle" that neither the judge nor opposing counsel objects to your Motion for leave. I can think of two quick reasons why the judge could deny your motion. A) Either the judge or opposing counsel say that either due to wording in the cardholder agreement or because a cause of action has begun, you cannot insist on arbitration now. B) Judge says it's too late to file a motion. these are just two quick reasons why you may not be able to proceed. :/

In the instance where the judge hears your Motion for Leave and grants said Motion, it means you have to take the signed "order" along with the motions down to the Clerk's Office for  "filing". It also means you're gonna have to ask for a continuance on your case so that there is sufficient time to "hear" your Motion to Compel. Then you have to serve the opposing side with all your  "paperwork" by sending it certified mail R.R.R. (cheapest method to serve paperwork other than doing it electronically) My fear is that the judge will be unsympathetic to you and you will end up getting a lecture :( from the judge on the need  for Pro Se defendant's to follow proper procedure.
  Since you are bound to be getting some flak anyway, you might want to consider "going for broke" and seeking the Court's approval for Fee Waiver (you probably had to pay close to $200 for your appearance fee). That would accomplish two things in itself; it would save you valuable dollars (and a decent percentage of what this debt might have been settled for before court) and it's one way to let the other side know that even if they prevail, the chance of getting their judgement paid are probably pretty slim.

Good Luck to you! I really think you are gonna need it!!! :/

P.S. I will thin good thoughts for you !! PLEASE Follow up here Monday with what has happened