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My Court Date with ASSett - very long
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Posted by casey
(24.12.116.215) on May 20, 2004 at 17:15:50:
I had my court hearing this a.m. in small claims court with ASSett as Assignee for Providian as the plaintiff. The presiding judge didn't show up today so I got to sit and wait for an alternate judge for almost an hour. During this hour all the attys who were there for the plaintiffs were taking defendants out into the hall and coming back in with "agreed judgments." I happened to look at the court files and the files in front of the atty I knew was representing ASSett and my file looked mighty thin so I knew right away they had no evidence. He came over to me (still no judge there) and said he noticed I had answered their complaint and guessed I wanted a trial. I said "absolutely" then he asked if I wanted to talk in the hall and I said "absolutely" - when we got out there he said "you know you didn't have to present an answer but it looks like you are giving a general denial of everything - "absolutely". Then he said "well I really don't have any paperwork with me today and I don't even know if there will be a judge so why don't we just write up an order." (the orders were being signed by a judge down the hall). I looked at him and said "no thanks and by the way do you realize that your client is in violation of IL. Code of Civil Procedure - where it states "an Assignee may not bring a suit in small claims" - he looked shocked and said, I don't know that rule, what is it again - guess I'll have to do some research." I said - guess you will, and by the way are you ________ (the partner in the firm) and he said "no, I'm just a lowly associate who gets to do this stuff." I said I think I'll wait and see if we get a judge today so I can talk to him. A judge finally showed up and I sat through many agreed judgment orders and many many ex parte defaults until I was called. The young associate said "your honor Ms. ______ and I talked and she wants a trial (the judge was reading their complaint), and I said "actually your honor I want the claim dismissed with prejudice for a number of reasons." If you look at the complaint you see that it is in clear violation of S.Ct. Rule 282 which states ".....", it is also in clear violation of IL Code of Civil Procedure .... Also your honor you will notice that their "Affidavit" in support of this complaint has absolutely no proof supporting it - they've attached 1 line from a credit report that could be yours, mine or the man in the moon for all we know. (the young associate got a chuckle out of that one). The judge said "I'm going to set a trial date of July __ but I think you should immediately go file a Motion to Dismiss and list every single law you just stated to me and every other thing you just said to me, and I would suggest you do it as soon as possible and if you have to hand deliver it to them you do that. I said "I was going to do that your honor but in my research I found out I couldn't file a motion in small claims without leave of Court." He then said "well I am giving you leave of Court today - go file it." The young associate wasn't as friendly to me then - just walked away. They'll have my motion on Monday.
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