[Brandogyrl]

I received a summons and am being sude by Centurion Capital Services. I am required a file a written appearance/answer to complaint. I need help responding to the complaint. I live in Illinois (Cook County). The debt is for a store credit card an attached to the summons is an affidavit in support of judgement but no real documention proving that I own the debt. I spoke to a consumer law practice but they wouldn't take my case because they don't handle such cases (I am continuing to search for a lawyer however) the person I spoke to said they believe that I could get the case dismissed by disputing that I own the debt and requiring the plantiff to furnish information proving that the debt is mine and that they purchased the debt from the credit card company. The last time I paid on this debt was in 2002. Are there any templates/sample responses that I can use in filing my answer. I am desperate for help and am trying not to get discouraged. So if someone has any advice or can help me it would be greatly appreciated. Thank you.

[vialna]

GO TO http://whychat.5u.com/ THIS WEBSITE...LOTS OF INFO THERE WILL HELP YOU BUT YOU HAVE TO READ READ READ... yOU MUST RESPOND.WITHIN THE
TIME FRAME ACCORDING TO YOUR RULES OF CIVIL PROCEDURE..YOU CAN FIND ALOT OF INFO SPECIFIC FOR YOUR STATE THERE...

[roybean]

Isn't Edelman in Illinois?

[hannah]

Originally Posted by Brandogyrl

I received a summons and am being sude by Centurion Capital Services. I am required a file a written appearance/answer to complaint. I need help responding to the complaint. I live in Illinois (Cook County). The debt is for a store credit card an attached to the summons is an affidavit in support of judgement but no real documention proving that I own the debt. I spoke to a consumer law practice but they wouldn't take my case because they don't handle such cases (I am continuing to search for a lawyer however) the person I spoke to said they believe that I could get the case dismissed by disputing that I own the debt and requiring the plantiff to furnish information proving that the debt is mine and that they purchased the debt from the credit card company. The last time I paid on this debt was in 2002. Are there any templates/sample responses that I can use in filing my answer. I am desperate for help and am trying not to get discouraged. So if someone has any advice or can help me it would be greatly appreciated. Thank you.

You will need to file an answer per Illinois Rules of Civil Procedure. You will need to state affirmative defenses to the alleged debt. So with that in mind, when in 2002 did you last pay on the debt and was the debt current at that time? I will need to look up some IL statutes so answer that and I will be back to you tomorrow. It doesn't take long to type up an answer so don't get antsy. When did you receive the summons?

[Brandogyrl]

I was served Monday-since then I have been on the phone talking to Legal Aid Organizations, as I am unemployed. The last time the debt was current was in February 2002. But I am not sure if it is properly stated on my credit report, it just says, "Date paid: 2/02". The statute of limitations on credit cards are 10 years so I would not be able to use that as a defense.

I talked with someone in Edelman's office and they reviewed the case but said they rarely take these types of cases and they advised to answer the complaint with the defense that I am disputting the debt. I am to talk to someone from another legal aid organization today, they said they'd call between 10am-11am. If I don't hear from them I'll call them. I am considering filing for bankruptcy because I have other debts and I don't want them coming after me as well. I believe I can pass the so called "means test" included in the new bankruptcy law but I'll have to consult with an attorney to be sure. I'll keep you posted. Thanks for your help, I really appreciate it.

[Brandogyrl]

Spoke to Legal Aid organization and they told me to go down to the court house and fill out a form for written appearance, send a copy to plantiff's attorney and send a copy to them. They are not promising to take the case but will review my court papers. So now my defense will be that I am disputing the debt and the amount owed. Is there a special way I need to say this or is this language sufficient?

[Brandogyrl]

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