What is the name of your state (only U.S. law)?
IL- State
Credit collection case.
No court summons issued.
I learned about this case because my bank sent me an email stating my account was overdrawn. Thinking it was a gross computer glitch, I called the bank but only to be told that a court order had been received by them to freeze my account. I was not involved in any case -- not to my knowledge.
I requested copy of court order from the bank. I then went to clerk office with the court case # to learn that the case had been started thirty (30) months prior to that email from my bank. I was also told that the case had a subsequent date scheduled within the next two weeks. Not knowing how this case went on without my knowledge, I went to the hearing to find out more and demand verification that I owed the debt and for verification of the amount owed.
I asked the judge if the court is no longer issuing summons for court cases. The judge asked me my present address. I answered. He then said that the document in the chart indicates that I was served. I asked him if I could see that document. The document had only the word "refused" written on it and the description field of person was left blank. My name wasn't even on it anywhere. I told judge that nothing was refused because nothing had been served and that the document he had showed me was a fraud. The judge laughed. He said "Why would you think that?" I replied, "because in 2009 and in 2010 the collection agency tried to collect on [other] date-barred debt and at those times I asked for verification of amount and for verification that I owed them." I also said to the judge that the two cases in 2009 and 2010 were dismissed because the debt collector was unable to provide verification that I had asked for. I concluded my response by saying that they, the credit collection company, KNEW that I knew what to ask, and for that reason they had the affidavit of service falsified -- to deny me my right to be present in my own hearing so that I would contest the lawsuit.
The judge's nonverbal response was very telling. He briefly looked at the plaintiff's attorney and then quickly looked at the documents in front of him. Then he began to write. He continued to say things to plaintiff's attorney (using legal jargon which I didn't understand). I asked him what he was saying. Then he smiled at me. I then asked him if he was going to approve the removal my my money from my account. He said yes. I told him that the case was presented fraudulently and that I was denied my right to be notified of this case and that the case should be dismissed and recalled. He refused. I then asked to provide the documents supporting the plaintiff's claim, but he denied me that request stating "we're well beyond that point."
There was nothing I could have done.
Five days later, my account was emptied and the bank then closed my account with a small negative amount comprising of bank fees (for not having activity and for having balance below a certain amount).
One month later I went to clerk office to get copies of case. The affidavit of service that the judge showed me was not part of the public file. In its place is an entirely differently looking affidavit with my name and address on it. The physical description fields were filled in - but with grossly incorrect variables; variables that in no way describes ANYONE residing in this house.
Three or four entities are guilty here:
1. credit collection agency for suing for time-barred debt (IL statutes prevent this; they can attempt collection but the cannot sue)
2. law firm for knowingly submitting falsified affidavits; for suing for time-barred debt; for purposely delaying personal jurisdiction against me until any statute available to me (re default judgement statute) had expired
3. process server for submitting fraudulent documents (fraud upon the court)
4. and of course the judge for dereliction of duty after I expressed my concern that fraud had been committed (plus the *incomplete affidavit* that he showed me which somehow did NOT make it to the public record)
Now, I am a law-abiding US citizen and I would like to remain that way. So what can I do now??
IL- State
Credit collection case.
No court summons issued.
I learned about this case because my bank sent me an email stating my account was overdrawn. Thinking it was a gross computer glitch, I called the bank but only to be told that a court order had been received by them to freeze my account. I was not involved in any case -- not to my knowledge.
I requested copy of court order from the bank. I then went to clerk office with the court case # to learn that the case had been started thirty (30) months prior to that email from my bank. I was also told that the case had a subsequent date scheduled within the next two weeks. Not knowing how this case went on without my knowledge, I went to the hearing to find out more and demand verification that I owed the debt and for verification of the amount owed.
I asked the judge if the court is no longer issuing summons for court cases. The judge asked me my present address. I answered. He then said that the document in the chart indicates that I was served. I asked him if I could see that document. The document had only the word "refused" written on it and the description field of person was left blank. My name wasn't even on it anywhere. I told judge that nothing was refused because nothing had been served and that the document he had showed me was a fraud. The judge laughed. He said "Why would you think that?" I replied, "because in 2009 and in 2010 the collection agency tried to collect on [other] date-barred debt and at those times I asked for verification of amount and for verification that I owed them." I also said to the judge that the two cases in 2009 and 2010 were dismissed because the debt collector was unable to provide verification that I had asked for. I concluded my response by saying that they, the credit collection company, KNEW that I knew what to ask, and for that reason they had the affidavit of service falsified -- to deny me my right to be present in my own hearing so that I would contest the lawsuit.
The judge's nonverbal response was very telling. He briefly looked at the plaintiff's attorney and then quickly looked at the documents in front of him. Then he began to write. He continued to say things to plaintiff's attorney (using legal jargon which I didn't understand). I asked him what he was saying. Then he smiled at me. I then asked him if he was going to approve the removal my my money from my account. He said yes. I told him that the case was presented fraudulently and that I was denied my right to be notified of this case and that the case should be dismissed and recalled. He refused. I then asked to provide the documents supporting the plaintiff's claim, but he denied me that request stating "we're well beyond that point."
There was nothing I could have done.
Five days later, my account was emptied and the bank then closed my account with a small negative amount comprising of bank fees (for not having activity and for having balance below a certain amount).
One month later I went to clerk office to get copies of case. The affidavit of service that the judge showed me was not part of the public file. In its place is an entirely differently looking affidavit with my name and address on it. The physical description fields were filled in - but with grossly incorrect variables; variables that in no way describes ANYONE residing in this house.
Three or four entities are guilty here:
1. credit collection agency for suing for time-barred debt (IL statutes prevent this; they can attempt collection but the cannot sue)
2. law firm for knowingly submitting falsified affidavits; for suing for time-barred debt; for purposely delaying personal jurisdiction against me until any statute available to me (re default judgement statute) had expired
3. process server for submitting fraudulent documents (fraud upon the court)
4. and of course the judge for dereliction of duty after I expressed my concern that fraud had been committed (plus the *incomplete affidavit* that he showed me which somehow did NOT make it to the public record)
Now, I am a law-abiding US citizen and I would like to remain that way. So what can I do now??
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