Creditor plaintiff filed a complaint against defendant alleging breach of contract after defendant failed to pay his credit card account. Defendant in his answer alleged affirmative defenses and counterclaims, including claims that the plaintiff violated the federal Truth in Lending Act and FCRA. The trial court granted plaintiff’s motion to dismiss defendant’s counterclaim and defendant appealed arguing the plaintiff did not provide any affirmative matter to negate the counterclaim. The appellate court reversed, finding that plaintiff offered “evidence that refutes a well-pleaded fact of the complaint,” rather than an affirmative matter, but affirmed a trial court order denying defendant’s motion to amend the counterclaim to include a prayer for punitive damages. (DAUGHERITY and HOLDRIDGE, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure