Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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?
Ok, thank you for that information. What is your specific legal question I can help with this morning?
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.
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
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..
You are very welcome. Glad to help any time.
Have a great New Year!
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..
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..