Re: Super problems with answer letter

Posted by Boadicea (66.149.179.202) on June 15, 2004 at 17:24:43:

In Reply to: Re: Super problems with answer letter posted by qutgnt on June 15, 2004 at 14:06:02:

The only thing you should *really* be afraid of is purjuring yourself.

If facts that have been alleged in the complaint are correct and the CA has produced proof, then don't dispute those facts. Are all of the dates correct? Does the dollar amount match your records to the penny? Have you actually done personal business with the CA as alleged in the affidavit? Do you KNOW for sure that the CA has taken legal assignment from the OC that gives it the right to sue you?

If any of these things are incorrect, then dispute them in your answer. If you don't know, then say so and demand that they provide strict proof. That is the law in this country. You make allegations, you have to back 'em up with proof.

However, you may have an issue of law at hand. You are being sued for a contract, and IL requires that the CONTRACT be included in the complaint, or an affidavit must be attached explaining WHY the contract is not available. (See the statutes under the code of civil procedure and decide for yourself.) From what you have described, neither was done. You are within your rights to insist that the affidavit and complaint be struck due to non-compliance with IL code of civil procedure. No complaint, no suit.

Will the court buy it? Maybe so...maybe not. You can't know unless you try. What will happen if you don't attack their lawsuit on the legalities? Well, let's just say you won't have another opportunity. Appeals don't allow you to add defenses you didn't raise during the trial.

Insist they prove their case. But you shouldn't purjure yourself to do it, and you don't need to.

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