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I received summons card debt

Customer Question
I received summons for credit...
I received summons for credit card debt
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 1 hour by:
1/1/2016
Consumer Protection Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,725
Experience: Attorney,17 years experience in consumer protection areas
Verified

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

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Are you disputing that the debt it yours?

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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

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Customer reply 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 reply 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 reply 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
Consumer Protection Lawyer: Barrister, Lawyer replied 1 year ago

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

.

.

thanks

Barrister

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Customer reply 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 reply 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
Consumer Protection Lawyer: Barrister, Lawyer 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.

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

.

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thanks

Barrister

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Consumer Protection Lawyer: Barrister, Lawyer 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.

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IL Answer Form

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thanks

Barrister

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Customer reply 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 reply replied 1 year ago
thanks so far and also answering on new years day
Consumer Protection Lawyer: Barrister, Lawyer 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.

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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.

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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..

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And you are very welcome..

thanks

Barrrister

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Customer reply replied 1 year ago
ok thanks
Consumer Protection Lawyer: Barrister, Lawyer replied 1 year ago

You are very welcome. Glad to help any time.

.

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Have a great New Year!

Barrister

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Customer reply replied 1 year ago
one more thing
Customer reply 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 reply replied 1 year ago
it has boxes to check and enter info for payment information, account routing number, payment schedules.
Customer reply replied 1 year ago
can you make sense of that. thanks again. that will be the last thing
Consumer Protection Lawyer: Barrister, Lawyer 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

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Customer reply 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?
Consumer Protection Lawyer: Barrister, Lawyer 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..

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.

thanks

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,725
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Experience: Attorney,17 years experience in consumer protection areas

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