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Validation also ignored and then sued by Blatt, Haasenmiller, etc

Date: Fri, 04/01/2011 - 01:52

Submitted by Holland
on Fri, 04/01/2011 - 01:52

Posts: 4 Credits: [Donate]

Total Replies: 11


I have tried researching my credit issue for the past 4 days now and your site has proven extremely helpful in my education. But in piecing everything together coherently, I still have a few questions(see end of my long letter). I wanted to address my questions to your community of experts, particularly Goldenbast. I hope as well that my question will mirror what others are going through and be of significant help.
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My situation: I reside in Cook County IL. I was recently contacted by a Cook County law firm (Jan 2011) trying to collect on an account that I’d originally opened with Washington Mutual in or around 2005. This bank went under and was taken over by Chase. With Chase, my interest rate increased dramatically and with student employment jobs, I was unable to keep up. Some time later, the card went to collections and I was recently (Jan 2011) contacted by this law firm/debt collectors. In fact, the firm has been mentioned several times on your site (Blatt, Hassenmiller, Leibsker, & Moore). I sent a written response asking for verification of the amount of the debt, as they stated that they represented Chase, as well as requesting that they only communicate with me via postal mail.
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[SIZE=3]I did not ask for the kitchen sink (LOL). I asked for verification of the principle amount, itemized listing of fees (including collection fees, interest, penalties), and a copy of the agreement signed by me that would make me responsible to Chase for these fees. In return, they simply sent a copy of their first notice to me-- basically a letter stating that Chase was the original creditor and this was the amount owed (approximately $2400). The letter stated that I should write if verification was not sufficient. So, since verification was pretty much non existent, of course, I wrote a second time, asking for the same information as before. I did not hear from them for 1-2 months. [/SIZE]
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Last Friday (March 25), I received a regular letter from them (no certified mailing or registered mailing) stating very simply that a lawsuit had been filed against me on behalf of their client, Equable Ascent Financial, LLC. (Their client is no longer Chase?)The letter contained only a case number, the plaintiff’s name (Equable Ascent Financial), and the amount that I owed. That was it.
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[SIZE=3]Importantly, I have NOT yet received a summons or complaint. I have NOT had a judgment placed against me. In fact, I called the clerk’s office of the circuit court (info learned from your site) and gave her the case number that was on the letter. I’ve learned that I have until April 19, 2011 to file an answer. However, I cannot yet file a motion to appear or an answer because I have nothing to respond to as of yet. At present, I am sitting, waiting for a summons to be delivered to my residence. Not a nice feeling by any account, but I am trying to keep perspective. [/SIZE]
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I have several questions given that I would like to fight this suit:

1) how many days prior to an answer date are the plaintiffs allowed to serve you?
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*2) what if I am never served? (very worried about this). Legal aid is convinced that this will not happen; but Cook County suffers noticeable scandals regarding municipal procedures not done “correctly”. So non service is a very real possibility. Yet, they might report service of process untruthfully. What would I do in such a case?
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3) Is it customary to file your answer with your appearance?
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[SIZE=3]4). Is it more logical for me to file a motion to dismiss as an answer? Or is this not an option for someone in my position? I have no signed contract with EAF (had actually never heard of them before) and would think that I have no breach of contract with them. But this is what the law firm claims. [/SIZE]
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5.) If I am able to file a motion to dismiss, should I use the same format as used in a sample provided by Goldenbast? This was actually a motion to strike example, but had some of the same defenses that I would employ—right down to the fact that I don’t even have proof that EAF owns this debt.
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6.) Should I now pull my credit reports? If so, what am I looking for in terms of help to my defense?
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All replies welcome and truly appreciated!
Holland


It is mandatory for the plaintiff to serve the defendant within 120 days after the complaint is filed. If this is not done, then the court, on motion or on its own after notice to the plaintiff will dismiss the action without prejudice against that defendant. Once you're served with summons, you should give a reply to if or else your creditor will get a default judgment. It's better to appear in the court house for the hearing.


lrhall41

Submitted by on Fri, 04/01/2011 - 02:13

( Posts: | Credits: )


Hi Anon and Sherlyn,

thanks so much for your replies! I had a down internet modem for a few days, so I couldn't get into the site to read or reply. Anon, they have definitely sued me without validating the debt. I faxed written requests both times with the fax receipt attached. (In fact, I thought that this action had actually made them very angry). After my second request, I received the letter. When you say violation, do you mean of the FDCPA? I ws looking at that recently, trying to continue my research, and I saw something of that nature. I remember highlighting it. Is this what you mean? Just want to be on the same page.

Sincerely,
Holland


lrhall41

Submitted by Holland on Mon, 04/04/2011 - 09:03

( Posts: 4 | Credits: )


Honestly I would send a PM to either Goldenbast or Paul Mergel for further help on this. They are really the experts here and know which law they have violated here, which they did by suing you before they validated. It helps that you have records showing the validation notices you sent. When PMing them make sure you tell them what state you are in and when was the last time you made a payment on this account-you may get lucky and its out of SOL.


lrhall41

Submitted by on Mon, 04/04/2011 - 09:36

( Posts: | Credits: )


From what I have found SOL for Illinois is either 4 or 5 years. If you have not made a payment on the account since Mar 2006, its out of SOL and that would be your defense for the lawsuit also, then counter sue them for suing you on a time barred debt. But, your best bet would be to PM Golden or Paul for definitive answers, they are the smart ones here.


lrhall41

Submitted by on Mon, 04/04/2011 - 09:41

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Hi Anon,

I did exactly as you suggested. I clicked on Ask an Expert and found goldenbast's personal email/screen and left my email address. We;ll see what happens! In the meantime, I'll continue to try and research what I can.

Sincerely,
Holland


lrhall41

Submitted by Holland on Mon, 04/04/2011 - 09:51

( Posts: 4 | Credits: )


Hi!

Ok I will try to help as best as I am able. To answer your questions:

1. I couldn't find a specific rule for that under your state's rules of civil procedure. Only that they must serve you or someone who resides in your home who is older than 13 and they must include a description of who they served. They also must send a copy of the summons in the mail if they serve anyone but you in your home. It also expressly states that anyone who knowingly falsifies anything in relation to service can be held liable in civil contempt. So...you should keep an eye on the case and wait and see if they serve you or they fake a service.

2. If you see something that indicates you have been served when you know you haven't, you immediately get copies of everything and see just how they say they served you, then you file your answer anyway, but also file a motion to dismiss due to improper service. (not too sure if a motion to dismiss is the best thing to do-but it is what I would do.)

3. Don't see any reason why you can't.

4. You wouldn't file a motion to dismiss for that just yet...what you want to do is demand to see this contract in Discovery...THEN you can go from there, if they even produce one.

5. I have a couple blank motions from your state rules of civil procedure..if you want you can send me a message with your email and I will send you copies....but basically, you would format everything like how yours is formatted (when you get it).

6. YES!! Get all three reports...you want to look to see what chase has to say and this Equable Ascent Financial, LLC also see what they have reported. You can post what the reports say here and we can go over it for you, or you look for like past due and total due are different, how is it reporting (collection account, factoring company account, etc.

Basically you need to see if you get served...you could go pull copies of everything in the suit, should have a copy of the summons and complaint, that way you can start working on your responses, affirmative defenses and any possible counterclaims (which you have 1 definitely...maybe more).


lrhall41

Submitted by goldenbast on Thu, 04/07/2011 - 08:38

( Posts: 2884 | Credits: )


The definite counterclaim you have (so far) is continued collection activity. You also may get them for misleading you in who they represent...it seems this company they are actually representing is a debt purchaser....so they may never have any direct contact with Chase over this account, therefore they were deceptive.

Call chase and find out who they sold the account too, see how much info you can get out of them, at least until you get the summons.....once you do get that you can post the complaints and counts and let us know of any evidence they supplied with it and we can help you with your answer.


lrhall41

Submitted by goldenbast on Thu, 04/07/2011 - 08:43

( Posts: 2884 | Credits: )


Goldenbast, everyone,

You don't know what burdens have been lifted from me by being in the forum. I have taken some deep breaths and am now putting together a rough outline of an answer. Still nervously waiting for the summons, but will scan and post as soon as it comes. Okay, I'm going to reread all the answers again and start to incorporate them into my rough outline. (It takes some of the stress away to do things like this. I feel active in my defense.)
Ohio, by the way, thanks for correcting my mistake. Now I know better! (LOL)
Sincerely,
Holland


lrhall41

Submitted by Holland on Thu, 04/07/2011 - 10:22

( Posts: 4 | Credits: )