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Summons for small claims out of state

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law4me

Junior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? CA

Good Morning! I woke to the sound of my doorbell and a polite and apologetic LAPD giving me a summons for small claims in Illinois.

I'm being sued based on a written agreement. In the small claims manual for Illinois it states that the Plaintiff has to attach the written agreement or an affidavit stating that they don't have the written agreement.

Neither of things were attached. I believe the Plaintiff doesn't have a copy of a written agreement.

I would hate to have to fly to Illinois just for a small claims. Is it possible to get this thrown out based on the fact that these aren't attached?

If I do have to fly to Illinois to handle this is it possible to make a court request that one of these, either the agreement or affidavit be sent to me prior to trial?
Is it possible to get my travel fees reimbursed when the judge places a judgement in my favor?

She gave me a gift of money and we wrote up a document stating that one day if I made it big in Hollywood I would pay her back. I haven't made it big. Now she's claiming it was a loan. If it becomes a case of he said she said, will the Judge choose in favor of the defendant based on the fact that the plaintiff doesn't have sufficient evidence? Or will it be like Judge Judy where the Judge just decides based on who they want to believe?

Thanks for all your help! It is GREATLY appreciated.
;)What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? CA

Good Morning! I woke to the sound of my doorbell and a polite and apologetic LAPD giving me a summons for small claims in Illinois.

I'm being sued based on a written agreement. In the small claims manual for Illinois it states that the Plaintiff has to attach the written agreement or an affidavit stating that they don't have the written agreement.

Neither of things were attached. I believe the Plaintiff doesn't have a copy of a written agreement.

I would hate to have to fly to Illinois just for a small claims. Is it possible to get this thrown out based on the fact that these aren't attached?

If I do have to fly to Illinois to handle this is it possible to make a court request that one of these, either the agreement or affidavit be sent to me prior to trial?
Is it possible to get my travel fees reimbursed when the judge places a judgement in my favor?

She gave me a gift of money and we wrote up a document stating that one day if I made it big in Hollywood I would pay her back. I haven't made it big. Now she's claiming it was a loan. If it becomes a case of he said she said, will the Judge choose in favor of the defendant based on the fact that the plaintiff doesn't have sufficient evidence? Or will it be like Judge Judy where the Judge just decides based on who they want to believe?

Thanks for all your help! It is GREATLY appreciated.
;)What is the name of your state (only U.S. law)?
Please add this to the post already answered, and lock this thread :)
 
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