[ ] The case study is about a court case. A Bank with it’s attorney is suing La
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[ ] Today Lauren finds out that a lawsuit have been filed against her. But she haven’t been served with summons yet.
[ ] The assignment is you are Lauren, you went to get a copy of the complaint from the Clerk of the Court and you want to voluntary appear to the court and get the case dismissed. Research the Rules of the Court in Illinois, the Fair Debt Collection Practices Act, and any other applicable defenses why should Lauren win the case. Among the defenses are:
1. Lauren disputed the debt in time according to the FCDPA
2. The Creditor received the dispute letter on March 7th, 2019
3. The Creditor didn’t respond to her letter
4. The Creditors bookkeeper, made sworn statement as affidavit. That’s the 22nd day after the Creditor received the dispute letter.
5. Use this as a defense that this sworn statement is invalid and should be rejected from the court because violates the FDCPA
6. Why the Creditor didn’t mention and why is hiding in it’s complaint that the debtor disputed the debt?
7. On the dispute letter Lauren said that she didn’t know anything about this debt and that letter is not a refusal to pay but a validation is requested. While the complaint say that she failed to pay
8. The sworn statement of the Affiant said that the account was opened in 2012. Then the Terms and Conditions attached to the lawsuit shows that on the left side bottom of the first page these terms were created 2018, and on page 2 says about customers who opened the account in 2015 or after. Strike this evedince as false, because of the reason mentioned and because it does not contain her signature, nor electronic nor handwritten. Even if this account was hers, these terms and conditions are not applicable to her.
9. Then, use all these as evidence to your affirmative defense according to Illinois Laws and Federal laws that the court should dismiss the case, such as fraudulent statement, misrepresentation, no contract attached that shows that the debtor is obligated to pay. Statue of limitations of this lawsuit is not supported by evidence.
10. The Law Firm representing the bank didn’t attach evidence that is authorized by the bank to start this case
11. The dispute letter says to cease and desist collection activity if validation of debt is not done in 30 days.
12. And any other reason you think you can add. If you need more space, for additional pages, please let me know.
You can use any source that proves that the bank violated all laws, rules, conducts, on state and federal level. You can compare from other court rulings for similar cases