Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am being sued by LVNV funding. I was improperly served. They

left the summons on my...
I am being sued by LVNV funding. I was improperly served. They left the summons on my front deck in the rain. I just went to court and tried to argue before the judge why the case should be dismissed. i gave a couple of statues, like lack of standing, lack of assignment. Plaintiff came back that the 1 statute was amended earlier this year so they did not fall under the Illinois Collection Agency Act so they did not have to show proof of assignment. So I requested a trial, judge gave me trial date and asked if i wanted to file an answer or an appearance. I went to clerk to get the appearance but did not file it yet. Judge gave me 7 days to file. however, when i got home i realized that they filed this last year 9/17/2012. The amended statute didn't go into effect until 1/1/2013. I wish I would have said this to the judge. But i didn't realize this until i got home. The documents they have attached do not show any contractual evidence of ownership or assignment. What do I do now? I believe i should file the appearance, then set a motion to quash the summons since i was improperly served and another motion for a request for documents: verification of debt, such as the written contract, charges, payments, etc. So frustrated. I'm handling pro se and of course, I'm no lawyer at all. Please help.
Show More
Show Less
Ask Your Own Legal Question
Answered in 32 minutes by:
6/3/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

The point regarding the improper service of summons has likely be waived by the fact that you have appeared at a hearing before the court already. Regardless, if you want to attempt to quash the summons for insufficient service, then you would need to file a Motion to Dismiss for Lack of Personal Jurisdiction based on the improper summons.

The only reason you would do this, however, is if the statute of limitations has passed on the debt claim. Illinois, the statute of limitations on a written contract is 10 years, unless this was for a credit card, and then the statute of limitations is for 5 years.

Do you know what the debt they are trying to collect here is? If so, when was the last time you made a payment on the debt? If it is over 5 years ago, then you would want to file the Motion to Dismiss for Lack of Personal Jurisdiction and state that you are making a Special Appearance to argue that you were never properly served and thus the case should be dismissed with prejudice because the statute of limitations has passed.

If the statute of limitations has not yet passed, then fighting the improper service of citation/summons would likely be futile as they will only serve you again.

Thus, in that case, the proper thing to do would be to file your answer and assert your defenses, as you had previously stated.

You said that the agency said they do not have to prove the written assignment of the debt. That to me sound absolutely ludicrous. Whether or not the Illinois Collection Agency Act applies to them, since you are not in contractual privity with them and they are suing you based o a contract, they have to establish the valid assignment of the contract or they cannot establish that you owe them any money. So, their argument is non-sequitar. Did the judge issue a ruling on this argument or did the judge simply state that he will hear the argument at the trial?
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there a statute of limitations on embezzlement.
Is there a statute of limitations on embezzlement. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
What is the statute of limitations in the state of for a
What is the statute of limitations in the state of KY for a company suing you for the repossession of an auto. This debt has been sold through 5 debt collectors of which I have not been contacted thro… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
What is the statute of limitation on medical bills. I just
what is the statute of limitation on medical bills. I just received one from 51/2 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
If a debtor in a chapter 11 files a motion to dismiss their
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to unde… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x