How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35389
Experience:  Attorney,16 years experience in consumer protection areas
19958803
Type Your Consumer Protection Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I received summons card debt

Customer Question

I received summons for credit card debt
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Are you disputing that the debt it yours?

.

Do you have any legal defenses to the claim if it is yours? (i.e. you paid it, it isn't you, it is too old for collection,etc.)

,

What is your legal question I can help with this morning?

.

.

thanks

Barrister

Customer: replied 1 year ago.
hello. i have/had a debt with with bank of america. i stopped paying the credit card around 2014. i received a letter about 10 days ago at the door for a summons to appear in court on monday jan 4 "written appearance"
Customer: replied 1 year ago.
its me. but I'm questioning the firm who is taking me to court even though bank of america is the plaintiff.
Customer: replied 1 year ago.
the amount is for 8338.08 and i tried to settle over the phone for much lower but they came back with an offer of about 7,000
Expert:  Barrister replied 1 year ago.

Ok, thank you for that information. What is your specific legal question I can help with this morning?

.

.

thanks

Barrister

Customer: replied 1 year ago.
i received a summons. and i guess i should file an appearance. but how do i know if this law firm is legitimate. i was online and was reading that this could be a fraudulent affidavit
Customer: replied 1 year ago.
could they be using bank of america as an improper plaintiff. i was thinking i could repay when times got better now but much lower
Expert:  Barrister replied 1 year ago.

If you are going to file an Answer, then you can file a general denial and that basically denies every claim that they make. Then they have to prove every element of their case like who they are, how they got the loan, who they are representing, who you are, how you owe the debt, etc.

.

So a general denial Answer where you just deny everything that they state is going to be your best bet here.

.

.

thanks

Barrister

Expert:  Barrister replied 1 year ago.

This is a link to a template form for Cook County, IL, but your local clerk may have their own blank template Answer form.

.

IL Answer Form

.

.

thanks

Barrister

Customer: replied 1 year ago.
ok. in the stapled letters i also have from the law firm an Affidavit signed by "Affiant" with a notary. it has 7 bullet points. and in one of the bullet points....my account number. defendant is indebted to Bank of America 8338.08.......the account charged off on 8/30/2014. some of the information i see. this is a printed copy.
have you seen anything like this? any other help you can offer me?
Customer: replied 1 year ago.
thanks so far and also answering on new years day
Expert:  Barrister replied 1 year ago.

Yes, this is common... The original creditor "charged off the account" and then turned it over to a collections firm to try to sue to recover it. Charged off doesn't mean forgiven, it just means that they wrote it off on their taxes as a loss to use as a deduction against other income and if they are successful in suing and recovering from you, they have to report that as income.

.

But if this is legitimate, and it likely is, based on your comments, then to be honest, disputing this will result in the lawsuit moving forward with the attorneys fees being added to the debt on an hourly basis at probably $250-350 an hour. That means that the $8K or so they are claiming is due will increase to probably $10K or more after this goes to trial if they win against you.

.

So if you acknowledge the debt, then it is much cheaper in the long run to try and settle it prior to court rather than fighting a debt you know you owe and having all the legal fees get added into the eventual judgment..

.

And you are very welcome..

thanks

Barrrister

Customer: replied 1 year ago.
ok thanks
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time.

.

.

Have a great New Year!

Barrister

Customer: replied 1 year ago.
one more thing
Customer: replied 1 year ago.
i just went on line to the law firms website. the law firm is Blatt, Hasenmiller, Leibsker, and Moore. the plaintiff is Bank of America. now when i go online to Blatt,Hassenmiller, etc website and enter my name and social and reference number and click "make a payment" it shows amount owed and shows the creditor Frederick J Hanna and Associates.
Customer: replied 1 year ago.
it has boxes to check and enter info for payment information, account routing number, payment schedules.
Customer: replied 1 year ago.
can you make sense of that. thanks again. that will be the last thing
Expert:  Barrister replied 1 year ago.

My guess is that BOA has assigned the debt to Hanna, which is likely a debt collection firm, and they have an agreement with Blatt to act as their law firm to try to sue to collect. A company has to have an attorney to represent them in court if they are trying to sue someone..

.

.

thanks

Barrister

Customer: replied 1 year ago.
i remember it was Hanna that offered me about 3,000 to pay off. looking now i wish i would of payed it. but now they are asking for full amount. i am screwed?
Expert:  Barrister replied 1 year ago.

Not necessarily, you can still offer to settle and tell them that you may have to file bankruptcy to wipe out this debt and some others if you can't settle it. They know that they will get nothing if you actually filed BK, so that can give you some leverage in negotiating a settlement..

.

.

thanks

Barrister