An Illinois Appeals Court has affirmed a lower court’s ruling awarding a judgment to a debt buyer, rejecting all of the consumer’s arguments why the ruling should be overturned.
The background: The consumer was sued in 2022 for an unpaid credit card debt totaling about $2,200. The consumer, representing herself, responded by filing a motion to compel arbitration and attempted to countersue for allegedly false credit reporting.
- The case was sent to mandatory arbitration, where an award was entered in favor of the debt buyer.
- The consumer later moved to vacate the judgment, claiming she never received notice of the arbitration hearing. The court granted that request, vacated the arbitration award, and scheduled a bench trial.
- After trial, the court ruled for the debt buyer, finding that it had proven ownership of the debt and that the consumer did not present evidence to dispute the balance owed. A judgment was entered.
The ruling: On appeal, the court found no error by the lower court. It rejected the consumer’s argument that the case should not have proceeded in court after arbitration was vacated, noting that she herself requested the trial. “She cannot now argue that the court erred in doing so,” the court wrote, citing the invited error rule.
- The court also upheld the denial of the consumer’s motion to dismiss, finding that the documentation attached to the complaint showed the debt buyer had legitimately purchased the account and held a valid Illinois license.
- The appellate panel dismissed other claims, including bias, false documentation, and improper wage garnishment because the consumer failed to provide a sufficient record or legal authority to support her arguments.
- In its decision, the court remarked on the quality of the appeal, noting the consumer’s brief did not comply with state regulations and lacked reasoned arguments.
