Have a court date set for late September against AA over an alleged MBNA account. I have very solid affirmative defenses against them, incl: SOL (Date of last alleged pmt is 5/99. I lived out of state & per IL Statutes, the shorter SOL from foreign state applies) FDCPA Violations (They did not respond to CRRR VoD letters) Statute of Frauds (I've not seen any contract where I agreed to pay Creditor or Assigns) Invalid Assignment (I've not seen any Assignment Agreement between MBNA & AA with relevant terms spelled out as required per IL Statutes - Collection Agency Act) Suffice it to say, they cannot prevail straight up according to the law. Yes, I am aware the FDCPA Violations are technically not an Affirmative Defense in Small Claims, but I know they cannot hope to sustain a judgment without properly validating. I know they will have nothing from MBNA. The alleged account was opened over 10 yrs ago & was delinquent over 5 yrs ago. So, I am trying to be proactive & think of any dirty tricks they might attempt to pull & solicit advice on how to counter: I expect them to POSSIBLY: Argue this is a Written, not Oral Contract (ultimately irrelevant since foreign state has same SOL) Attempt to show contract was between myself & AA, not MBNA (I never paid, nor agreed to pay them a dime). Attempt to demonstrate they mailed me 3 statements & I did not object, so therefore by Estoppel of Silence, they can assume I had no objection to the contract being between myself & them. Argue they are not a CA & thus do not have to produce an Assignment Agreement that states amount paid for alleged MBNA account, et al. I know they are bringing one witness. I assume it is an AA employee that will say the same thing as what was on the BS Affidavit filed with the complaint. My question - Any advice on what tricks they have tried to pull in the past & ow you overcame them? TIA
