Why Chat - Update/question on lawsuit
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Posted by MCM bait
(66.149.179.202) on February 29, 2004 at 01:25:26:
Why Chat (or anyone), I filed my answer to CA's complaint a couple of weeks ago, following your format for an out of SOL lawsuit. The court date is next week. I received a response today in which the CA made a blanket denial of all of my affirmative defenses and asked that the court strike my answer. This seems a bit odd, as some of the allegations (which I numbered) in each of the affirmative defenses were purely statements of law! How could they deny every allegation of the affirmative defense when some of them are *obviously* true? The only way this would make sense to me is if they *know* they're in mucho danger of losing and want to set themselves up to make a motion to voluntarily dismiss the complaint if I show up. The rules of the court, at least from my understanding of them here in Cook County, IL, do not allow a plaintiff to voluntarily dismiss to avoid responding to an answer. What do you make of this? I have both statements and a credit report that prove the debt is beyond the SOL, but I am sure they're going to do everything possible to avoid showing the full account history while trying to get me to admit the OC's account was mine. What can I do to gain the most leverage (if they show up at all) without providing proof myself that the SOL has run? Once they deny my affirmative defenses, the ball isn't back in my court, right? They still have to prove that it's *not* beyond the SOL, if I understand it correctly?
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