Legal Question in Credit and Debt Law in Illinois

For 3 years I have been pursued by a large credit corporation (GE MONEY- later the debt was bought by EQUABLE ASCENT FINANCIAL,LLC) for a debt I knew I did not owe. They finally filed suit ($3257.68 +costs) and I was served with a summons. At the initial hearing a trial date was set with the recommendation from the judge that I speak with the Plaintiff's attorney (a liaison represented the attorney that day in court). I did talk to the attorney during which time he realized he had no documents in my file that would support the law suit. He told me he would request the documents and we would talk again. After a month I received, by mail, a "MOTION TO DISMISS WITHOUT PREJUDICE". The reason for the request to dismiss is not given; however, I think it has something to do with a violation of the truth in lending statement.

For 3 years I received annoying, harassing, embarrassing, and sometimes intimidating phone calls. Calls were made to me at work on my cell phone. A couple of times calls were made to the phone at my work in which cases the EQUABLE rep spoke with my supervisor.

MY QUESTION: Do I have cause to seek monetary damages for the mistake that GE MONEY made in reference to my account?


Asked on 9/04/11, 10:34 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

probably not. what mistake did they make - it is the assignee that has the problem.

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Answered on 9/19/11, 1:49 pm


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