Legal Question in Credit and Debt Law in Illinois

Filed an appearance to a JDB summons, should I also file answers to complaint and or a motion. Will they then have to prove assignment from original creditor down the line, listing my name, info and amount purchased for. It was a WAMU account, charged off, taken over by Chase, sold to Hilco receivables and then to Equable Ascent


Asked on 11/11/10, 8:29 am

1 Answer from Attorneys

If you file an answer you are precluded from filing a motion to contest the legal sufficiency of the complaint. They do have to allege they are the current holder of the debt (and should allege the original holder and that they obtained current status via assignment), and yes will have to prove it ONLY if you deny their allegations and demand strict proof -- and these are words of art that an attorney ordinarily would draft into an appropriate pleading. Not knowing more about the transaction, it is impossible to tell whether you have any basis for a motion of any kind.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/16/10, 8:53 am


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