Legal Question in Credit and Debt Law in Illinois

I'd contacted your firm a few weeks back and received a helpful answer that pointed me in the right direction. Quick recap: live in Cook County IL, and being sued by law firm for Chase card within the statute of limitations. I have not been served, but went and made a copy of my complaint and affidavit from the courthouse. The law firm has named ME as the affiant in the affidavit of indebtedness. There is nothing else attached: just a one page complaint and affidavit of indebtedness. I THINK the cause of action is breach of contract, but I cannot be sure. I have proof of written dispute of the debt, but the affidavit seems to say that I agree with the amount and am not fighting it. After filing a motion to appear, how should I proceed in order to say that this affidavit is false? (Can I even file a motion to appear without having been served?)

Thanks for all help if you are able get to me.


Asked on 4/18/11, 9:31 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Of course you can file an appearance, but but why would you want to? If they never serve you or obtain substitute service, the case will be dismissed. There are many defenses to a credit card claim , but a dispute notice is questionable. Who really owns the debt. Can they prove ownership? I suggest you reread the affidavit. you may be misconstruing it.

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Answered on 5/13/11, 6:37 am


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