Chase bank filed a complaint any help would be appreciated

[valahian]

I have finnaly been sued, a formal complaint has been filed against me by Chase bank in district court(Chicago, Ilinois); I havent been served yet (have not seen the complaint but checked with the clerk) but I am expecting to (if I dont get served what shall I do? file an answer regardless?) What would be a good course of action - I was thinking to challenge standing to sue with a motion to dismiss; then if that is denied to motion for lack of showing a valid claim. Can I file a motion after another motion? Any help would be appreciated, Chase bank is the original creditor.

[cooper998]

I used to be totally clueless about court procedures and such but I've been reading the info from this link (provided to me by "mrg")

Like he said, it may be of some help. It has been for me, now I'm only mostly clueless.

http://www.suijuris.net/forum/articl...procedure.html

May God bless,


cooper998

[mrg]

Originally Posted by valahian

I have finnaly been sued, a formal complaint has been filed against me by Chase bank in district court(Chicago, Ilinois);

I havent been served yet (have not seen the complaint but checked with the clerk) but I am expecting to

(if I dont get served what shall I do? file an answer regardless?)

What would be a good course of action - I was thinking to challenge standing to sue with a motion to dismiss; then if that is denied to motion for lack of showing a valid claim.

Can I file a motion after another motion?

Any help would be appreciated, Chase bank is the original creditor.

If you haven't already go here:

http://198.173.15.34/?section=CASEIN...EINFOPage=2400

Do a defendant search by name.

You can keep tabs on what all has been filed, and when as well as the attorney info.

Has the account been in collections?

Did you get calls from a collection agency?

If so, did you answer the phone and talk to them?

Have you received a dunning letter?

If so, what did you do?

Very often suit will be brought by a junk debt buyer in the name of an Original Creditor who is not being represented by the person bringing the suit.

Often the attorney of record will be "representing" a "collection agency" which is a shell company of the law firm.

That goes to standing as far as I know.

I know this court in Chicago.

They are pure sleeze.

SOP is that no matter what you do the "judge" will likely find for plaintiff and sneer, "if you don't like it you can appeal."

You can also go in, and/or have someone go in with you to the 6th floor and ask to see the file jacket.

Xerox everything that is in there and you will know a lot more of what is going on.

[mrg]

Originally Posted by Held in Default

The complete idiots on the site will tell you that a bank cannot file a complaint because it is a non officer person.

MRG runs with that croud and your in luck, he lives in Chicago.

Those appear to be some claims you have made up there, "Held in Default."

Please provide proof of claims, "Held in Default."

Prove all elements, "Held in Default."

Each and every one, "Held in Default."

You, "Held in Default," are the claimant, the burden of proof is on you.

Moderators, please take note; if there is "debate" and/or "answer" and or exchange/dialogue:

due to the demonstrated "immoderate" irascibility of this individual, "Held in Default," I humbly request that such be formally "moderated."








What is your point here Cody?

You are still stalking me Cody?

Why Cody?

Marking your territory with your "scent" like an animal Cody?

You can mark all you want Cody, but the "big dogs" (not me, all I am is a student, and sometimes "black" humorist), will eventually send you packing AGAIN (as they have over and over and over and over and over and over and over) when they become irritated enough with your impotent nipping and yiping, and all your "marking of territory, will, once again, be for naught.

Every time you come here this is the essence and sum of what you offer Cody:
http://www.suijuris.net/forum/146626-post33.html
http://www.suijuris.net/forum/138863-post26.html
http://www.suijuris.net/forum/137744-post25.html

None of the type and degree of nastiness that is now going on goes on here until you show up and then there is a bunch of irrelevant ugly nonsense until you get sent to the showers again Cody.

You try to suck up to Lawdog, Mertins, Shoonra, Notorial, etc., and they are not having any of it Cody, and never have, and more than likely, never will.

You know why Cody?

They know far more than you do, and they are just plain smarter than you will ever be--as in: way more intelligent Cody.

I mean, really: are you actually suggesting that Lawdog and his colleagues should PAY you to CORRECT their paperwork, because you have shown a demonstrated record of lawyers PAYING you for your superior grasp of the ins and outs of their playing field Cody?

Do you even have the slightest idea why you get to stay here for as long as you do Cody?

ROFLMFAO, Cody.

[mrg]

Sorry about your thread Valahian.

Once Cody follows me here, it's pretty much over.

[mrg]

Originally Posted by cooper998

I used to be totally clueless about court procedures and such but I've been reading the info from this link (provided to me by "mrg")

Like he said, it may be of some help. It has been for me, now I'm only mostly clueless.

http://www.suijuris.net/forum/articl...procedure.html

May God bless,


cooper998

The link was broken cooper998, and Valahian, but I fixed it.

You can link to the page from this post.

Valahian, this is pretty much the procedure that they will be following against you so you have to defend against it.

Find the local rules, they should be posted somewhere on the Court site I gave you, and substitute the local rules for the Federal rules.

Most local rules pretty much conform to FRCP anyway so the link here should give you an idea of the procedure they will be using.

Make sure to find out if it is actually Chase itself who is the actual Plaintiff.

If it is, the attorney of record will more than likely be on-staff at Chase.

[valahian]

Thanks a lot for that (mrg and cooper) and yes unfortunately the lawyers are on the payroll at Chase... I am trying to avoid getting served right now (removed name tag from door buzzer, etc). I VOD'ed the lawyer - chase bank legal dept(with DC disclaimer) but after I checked with the clerk and found out that they started the suit. Chase collection dept. sent me a lot of letters and thousands of calls but just ignored them. Is it hard to appeal in case I loose and they enter a judgement? Its funny I was checking the case info online and chase bank has filed hundreds of cases (credit card collection) just for this month (august)- imagine if everyone will fight back theres no way they can manage without a pay raise. I will do my best to make sure they earn their pay while trying to get a judgement against me and since Im judgement proof anyway it makes it even more fun to learn their ways. If you have any ideas where I can get some motions examples for older cases, etc so I can copy and paste and change things as needed would be very appreciated - need help with writing the actual motion to dismiss and future answers, etc. I will keep you posted as things progress anyways.

[heidig7]

The Statute of Limitations has run out on all of the credit cards I've defaulted on. Yes... I am one of those who learned that Credit Cards are a shameless trap laid for suckers whom the Federal Reserve banks can fleece.

That being said, I managed to get one lawsuit dismissed, and managed not to get served by that CC company again, nor by any of the others. Now that the SOL has run and I feel safe, I can share about what worked for me.

Because there are ALWAYS spies from squatloose here under various aliases, and spies from collection agencies posing as helpful suijuris members until the real suijuris members ferret them out, I have to be careful.

Certain tactics did work for me, and I have avoided paying off a large amount of CC debt and can no longer be sued.

All they can do is call or write letters and try to pester me. I throw away the letters and I just ignore the calls.

SOME TIPS:

Pay for Caller ID and don't pick up the phone unless you know who it is. If they leave voice mail, delete it as soon as you can tell it's a collection call.

NEVER make another payment if you've been forced by circumstances to default on unsecured debt (credit cards), because as soon as you do, no matter how small the payment is, it starts your Statute of Limitations running all over again.

The average Statute of Limitations on unsecured debt is 3-5 years, depending upon your State (look it up on the Internet).

If they have been unable to serve you and get you sued in court and win a judgement against you before the SOL runs out, there is nothing more they can do but ruin your credit rating for 7 years and pester you with phone calls. The first 4 years (the SOL where I live) leaves just 3 more years before my credit report will be cleared of all reference to my defaulted CC accounts.

Just before my SOL ran out I got all sorts of settlement offers in the mail with very small monthly payments offered just to try to get me to send one payment and start the SOL all over again so they could try to sue me. Don't take the bait. With caller ID you don't even have to put up with the calls. Just use the dunning letters for kindling and have a nice warm fire this coming winter.

The credit rating is just a hammer they use to try and keep you in their system and trap you into using credit so they can make money off you.

NEVER, NEVER, NEVER take out a loan on your house in order to pay off credit cards.

Credit cards are UNSECURED debt and they have to get you sued and win a judgement in order to collect anything if you stop paying.

They will do whatever they can to tempt you into borrowing against your real property to pay off unsecured debt because a mortgage is SECURED BY YOUR HOUSE AND PROPERTY and they can take your home from you without winning a judgement in court as soon as you cannot pay the mortgage any longer. It is a TRAP.

They tempt you in over your head with high credit card spending limits, and then convince you to mortgage your house to pay off the credit cards, KNOWING that you will probably not be able to make the mortgage payments either and they can then take your house. DON'T DO IT.

If you have had a financial reversal in life, just dump the damned credit cards, use only a debit card to spend ONLY what you can afford to pay at the time, avoid being sued, and stay out of the credit card system for the rest of your life.

I had to learn that lesson the hard way. There is little else they can do to me now.

My house is paid for, I will NOT mortgage it, and the SOL has run out on all of the credit cards. Now "SOL" stands for Sh*t Outta Luck as far as they are concerned, LOL.

I don't give a damn about the lousy credit report. It will be clear of bad marks in three more years anyway... but it keeps me from falling back into their trap.

And I did not file bankruptcy.

I avoided being sued by three Credit Card companies for 4 years until the SOL ran out, and I learned to use the legal system to represent myself and defeated the other one in court, forcing them to dismiss their case. Now I am free of it all with NO bankruptcy on my record.

So to answer your first question - do not make an appearance by responding to their complaint until and unless they manage to get you served. They will try all sorts of tricks to get the SOL started over again and to get you to appear in court without having to serve the summons on you.

There are certain methods I learned to make it difficult for them to serve the summons, and it worked for me 75% of the time.

I am now a qualified paralegal, I defended myself Pro Se (AKA In Propria Persona), and I forced a collection attorney to dismiss his case. He did that to avoid having the judge dismiss it with prejudice, since I backed him into a corner legally. Then he tried to serve me again and failed. 8-)

Each case has to be handled according to its unique circumstances, but there are some general procedures which can apply to most.

First, avoid being served if possible, and make no voluntary appearance by responding to anything unless you have already been served.

If they manage to serve you, then the "flurry of motions" can begin. I succeeded at that and I got a case dismissed without ever having to answer the complaint. The motions take place PRIOR to filing any answer.

I can help other people by sharing what worked for me, and helping prepare legal documents according to their local Rules of the Court, but I cannot give legal advice. I am a paralegal, not a lawyer.

[mrg]

Thanks.

CC debt collectors will claim a "payment" has been made on an account in oder to reset the SOL.

I have several of these on my reports now.

I am very tired and just don't feel like cleaning my reports right now.