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Court ignored evidence and dismissed my case

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swimfast

Junior Member
What is the name of your state?What is the name of your state? Illinois

My former counsel grossly mishandled my FCRA case regarding a disputed student loan. The lawyer is out of the picture and I am pro se now.
A complaint with the Attorney Registration & Disciplinary Commission has been submitted.

I just found out via PACER that there was a minute order on June 23rd that my case is being dismissed with prejudice.

I brought forth evidence that no student loan belongs to me. I brought forth Equifax and Experian investigation results (deletions) that no loan belongs to me. The defendants failed to document the loan (application, promissory note, etc.) despite being ordered to do so, in response to a motion I made in March.

THE COURT IGNORED IT ALL!!!

Do I file a Notice of Appeal based on the minute order or do I have to wait for something like a final order with the judge's signature on it?
 


swimfast

Junior Member
I made a motion to the court to quash a deposition they wanted. I made it very clear in the motion that a deposition would only serve the defendants to harass and unduly burden me.

Attached to the motion was my university's finanical aid award letter that proofs I declined all loan aid, as well as the investigation results from Equifax and Experian showing no loan belongs to me.

I also filed a motion that the defendants be ordered to produce a loan application, promissory note, etc. they cannot not claim a loan exists without such. I made the motion on March 1st. It was granted on March 17th.

The court is pissed at me for not giving a deposition, but the lets the defendants get away with not complying with the production of documents.
What kind of BS is this?

Why should I have to give a deposition when I brought forth my student aid letter showing refusal of all loan aid, investigation results by two national credit reporting agencies - ALL PROOF THAT NO LOAN EXISTS.

The court could not be more blatantly prejudice against me. :mad:
 

HomeGuru

Senior Member
swimfast said:
I made a motion to the court to quash a deposition they wanted. I made it very clear in the motion that a deposition would only serve the defendants to harass and unduly burden me.

Attached to the motion was my university's finanical aid award letter that proofs I declined all loan aid, as well as the investigation results from Equifax and Experian showing no loan belongs to me.

I also filed a motion that the defendants be ordered to produce a loan application, promissory note, etc. they cannot not claim a loan exists without such. I made the motion on March 1st. It was granted on March 17th.

The court is pissed at me for not giving a deposition, but the lets the defendants get away with not complying with the production of documents.
What kind of BS is this?

Why should I have to give a deposition when I brought forth my student aid letter showing refusal of all loan aid, investigation results by two national credit reporting agencies - ALL PROOF THAT NO LOAN EXISTS.

The court could not be more blatantly prejudice against me. :mad:

**A: I am sure that there is more to this story.
 

stephenk

Senior Member
Is this what happened:

Defendant tries to set your deposition but you refuse to attend. They file a motion to compel your deposition. you file your opposition, but the court grants the motion to compel your deposition. You still refuse to go to the deposition so the defendant filed a motion to dismiss your case due to your failure to comply with the court's order.

Am I close?
 

swimfast

Junior Member
No motion by the defense to compel a deposition.

I live in Hawaii. First the defendants insisted that I travel to Chicago for a deposition. My former attorney started insisting I come to Chicago. What the heck are telephones for? He insisted that wasn't possible.
So, he tells me that efforts to represent me have become unreasonably difficult and he will withdraw. He tries to file a motion to dismiss the case without prejudice so I could refile in my home region. The court doesn't dismiss. All of a sudden the depo could be done telephonically. By this time I had enough of this lawyer and tell him to withdraw as my counsel immediately. He drags his feet for several months and doesn't send my file, despite repeated requests. When he finally does withdraw it takes another couple of weeks for my incomplete file to arrive.
All this time, I don't hear anything from the defense about a deposition.
The court grants my motion for production of loan documents.
A few weeks later defense counsel contacts me and wants to schedule my deposition. I suggest we schedule it for the day after he produces documentation for the alleged loan. :D
Of course that won't happen because it doesn't exist.
I get a certified letter that a deposition is scheduled a week later at 12 PM
Chicago time. That's 7:00 AM Hawaii time. Is it legal to set a deposition this early?
I instruct this joker to cancel the deposition because it was set without my input.
I file a motion to quash deposition, attached is evidence that no loan exists.
The judge ignores it and dismisses the case.
This is some kind of sick game. I'm getting played. The judge has allowed the defense to exploit my pro se status.
 

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