Thoughts on this.... Would lack of Subject Matter Jurisdiction or Personal Jurisdiction be the grounds in this instance: AA files as Assignee of MBNA in Small Claims. The case occurs & they prevail (on a time-barred debt on which I argued SOL, too). Illinois State Statute says (735 ILCS 5/2‑416) (from Ch. 110, par. 2‑416) Sec. 2‑416. Representation of corporations in small claims. A corporation may prosecute as plaintiff or defend as defendant any small claims proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation, as though such corporation were appearing in its proper person. No corporation may appear as assignee or subrogee in a small claims proceeding. So I am thinking Personal Jurisdiction in this case. My second grounds for the Judgment to be Vacated will be that it was beyond SoL & the court truly erred in ruling it was not. Thoughts.....
