Midland Funding LLC v. Hilliker

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2016 IL App (5th) 160038
Decision Date: 
Friday, December 16, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
CATES

Court properly denied Plaintiff's motion to compel arbitration of a counterclaim filed by Defendant credit card holder, whose credit card debt Plaintiff had purchased from credit card issuer. Defendant's counterclaim alleged violation of Collection Agency Act and Consumer Fraud Act because Plaintiff failed to attach assignment documents to its complaint. Defendant was prejudiced by Plaintiff's belated demand for arbitration, and delay in filing discovery responses. Plaintiff has, by its conduct, waived arbitration.(SCHWARM and GOLDENHERSH, concurring.)