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Blitt and Gaines: How to handle them?

Submitted by on Sun, 09/02/2007 - 13:11
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HELP!!! I had an account with Orchard Bank with a limit of $728.00. (I live in Illinos). After a financial bind I could not keep up with my payments.

Orchard sold the account to Household Bank sometime in 2001. Between 2001-2002 the amount kept going up despite my making very small payments and taking part in their "re-aging" plan. I would pay approx. $40-$50 amount...they kept adding two fees every month ($29 over-the-limit fee and $29 in past due fee). Finally, I stopped paying them as it seemed like throwing good money after bad.

Last year the account was placed with Collection Attorneys in Georgia who despite my request by phone did not validate the debt. (I now realize such a request for validation needs to be done in writing).

Sept. 1, 2007 I received a letter from collection attorneys in Illinois saying that they are being retained by a Crown Asset Management to collect a debt I owe in the amount of $3200.

After much reading, I am planning to send out a debt validation letter to them (saw a few samples on this site).

Questions...
1) Is there anything in particular to stipulate in the debt validation letter?

2) Has anyone heard of Crown Asset Management?

3) What if these Collection Attorneys come back with a generic verification letter?

4) I am willing to make good on the orig. amount approx. $800...but $3200 is outrageous as most of that constitutes fees they kept adding to the account despite trying to work with them on paying it. Can I now even negotiate with these collection attorneys to pay $800...or $900 maximum to settle the account, get a paid in full/delete letter?

4) More than anything how do I resolve this to avoid a law suit and to get a reasonable settlement amount accepted by them?

5) I cannot afford an attorney but how do I deal with these Collection Attorneys without legal representation?

Any help/insight that someone here on this forum can provide would be greatly appreciated. To say I am very stressed about this would be an understatement.


Right now I know your scared and not sure what to do. I strongly recommend clicking on the "free consultation" button to the right and up from this post. They will have all the infomaton that you need to deal with this debt and point you in the right direction. You have come to the right place as the rest of us have. Relax, it will be ok now.


thanks


Submitted by Lukeskywalker on Sun, 09/02/2007 - 14:14

Lukeskywalker

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Welcome to the Community :D You aren't alone- many of us have/are in the same positions!

First of all, when did the debt become deliquent, and when was the last payment made to them?

The Debt Validation letter will state all the info that you need to ask them for(the sample letters include this).

I can't find anything on them yet, but will do some searching.

They may very well send you a generic letter with no info. What I did was, send them a copy of my first letter, along with a second request for validation. Mine still has not validated.

You want to make sure this is your debt, the amounts are correct, and that they are legally able to be able to collect this, before you make any settlement offers.

If you get down to the settlement part, often they will settle for anywhere from 40-60%, some won't, but others will. Of course, they will try to get the higher amount, this is where you can negotiate, if necessary.

Be sure and make copies of all correspondence from them and yourself, send all mail to them certified, return receipt also, so they can't say then never received it.

Good Luck- feel free to ask questions..Karen


Submitted by Bossy4455 on Mon, 09/03/2007 - 09:37

Bossy4455

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Hi K,

Thanks for the reply. I became delinquent with Orchard in Spring of 2001. Then Household bought the account in Fall 2001. My last payment to them under their ineffective "re-aging" program was around November/December 2005. So much happened in that span of time that's why my dates are approximate.

The letter from Blitt and Gaines (collection attorneys in Illinois) said that they had been retained by Crown Assett Management to collect their $3200 owed.

I appreciate any info you find or can share that will help me in working through this.

Thank you!


Submitted by on Mon, 09/03/2007 - 16:01

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Hi and thanks for the replies.

With Orchard, the account first became delinquent around Spring 2001. In Fall 2001, Household bought the account. My last payment to them under their ineffective "re-aging " program was around November/December of 2005. So much happened in that span of time that the dates are approximate.

Trying to find info on Crown Asset Management or Blitt and Gaines (collection attorneys whose letter states that they have been retained by Crown Asset Management to collect the $3200 owed to them).

So far nothing on google about them. Trying to see if BBB (Better Business Bureau) has anything on either Crown Asset Management or Blitt and Gaines.

Thanks for any info or help you can give in helping me to work through this.


Submitted by on Mon, 09/03/2007 - 16:20

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Blitt & Gaines falsified the entire court doket that they submitted to the court even to the fact they falsified the avidavit and the person who singed and notarized were arrested and waiting their cases in criminal court. If anyone wants any help with Blitt and Gaines contact me at email address removed as per forum rules - Mike and I will tell you everything i know on how to handle them.


Submitted by on Tue, 11/27/2007 - 15:58

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Hi "cag000" & Mike,
I too have Blitt and Gaines taking me to court. I also believe that the avidavit is falsified. Can you please respond/contact me so that I can get any pointers that you may have before I go to court tomorrow morning?
Great thanks!


Submitted by on Wed, 01/16/2008 - 14:09

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I also received a letter from Blitt and Gaines, stating that they had been 'retained', and were attempting to collect a debt. I believe this debt is a credit card, that much like the other person, was IMPOSSIBLE to pay down, due to the charges constantly racking up on the account. This account was opened sometime in 2003, but I believe the last payment was make in mid 2005. So, nearly 3 years have gone by, and a couple of collection letters on what I believe to be this account, but nobody wants to validate this debt? If it is a realy debt, why is that so hard? I need advice, and Mike....please tell me everything you know...I need some ammunition.


Submitted by on Wed, 06/11/2008 - 08:27

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IS BLITT AND GAINES A COLLECTION AGENCY IF SO THEY MUST BE REGISTERED WITH SEC IN THE STATE THEY ARE IN . I`M IN INDIANA and blit and gaines also is here but they are not listed as a debt collector in this state therfore illegal for them to conduct the business of debt collecting in this state. i also hear they are in illionois also if this is true then i need verifacation of this i`m on AOL at the screen name listed above indymrt need help fast


Submitted by on Sat, 08/30/2008 - 09:57

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I have been taken to crt by Blitt and Gaines and ended up setting up payment arrangements, but they constantly threaten me if I miss that they will sue me. Can they do that?


Submitted by on Tue, 10/07/2008 - 08:48

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How do I get the info from Debtcc on how to handle Blitt and Gaines. They're threatening to take me to court this month


Submitted by makeitso on Mon, 11/10/2008 - 14:52

makeitso

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Blitt and Gaines is a Law Firm (Blitt and Gaines P.C.) In Indiana they have recently gotten authorization to work all counties. As a business, expecially a collection agency, they do not have to register with the SEC (Securities and Exchange Commission) They do have to have an approved business license from the state they are collecting in. Some states special agency licensure. Some don't. It depends. Now, how to handle Blitt and Gaines. First, in writing, send a validation request letter. Usually you have 30 days to dispute the validitiy of the debt once notified. If that time span expired, you can still request validity of the debt, you are presumed to owe it though. That is the fdcpa regs. FDCPA stands for Fair Debt Collection Practices Act. Now, if you got a Summons. It is usually for Judgement. This means where you can dispute the debt in front of a judge and then a continuance would occur. Then the next court date you need to bring proof of what you owe, they need to prove what they are claiming you owe. Then at that point the atty will look for arrangements. Get into arrangements and make payments on this. If you stop making payments then a judgment on your credit occurs. This then gives them the authorization to pursue wage garnishment if you do not repay the debt.


Submitted by on Tue, 11/25/2008 - 12:22

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I just started to get the phone calls from Blitt and Gaines company. I called them & told them my # is on the do-not-call list. They said they can call because they are debt collectors. I told them they had not identified themselves as debt collectors when they call and therefore can not call. Is that true? They said the only way to stop the calls was to send it in writing. I told them to send me something in writing that I might respond. I had sent a letter to Washington Mutual in 06 stating I was disputing that I owed them money. Since then I have been transferred from one collection agency to another. Not one of them has sent anything in writing but they have put it on my credit report and won't stop calling. Don't they have to send something in writing stating what they think I owe? What would I say in a letter?
Thanks


Submitted by on Thu, 12/04/2008 - 23:09

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CAGOOO or mike or anyone who can help:
I received an Alias Summons from blitt and gaines summonsing me to show up to court Jan 06, 2008. This is a few days away and I don't what to do. Can you give me a few pointers?


Submitted by on Sun, 12/07/2008 - 12:10

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They sued me too. However, it was for a legitimate debt. I got braces and took out a loan to pay for them. I was paying on time. Then, I changed banks. I remember calling Capital One with the new checking acct info. Right after that, I was hospitalized, my grandma died and my mom got cancer. In the meantime, Capital One wasnt making withdrawals from the right account. The whole thing slipped my mind. Then in the fall, I found out I was being sued by them. The man I spoke to, Jose, was extremely rude, intimidating and harassing. He said I had to pay $750 for the next 2 months, then $350 each month unitl it was paid. I told him I coudlnt do that. I told him I could pay $100/month. I was out of work. He told me I was crazy. I tried again,and no luck. A girl from there called me and we decided on $300/month. But, I still wanted to appear in court. I got to court and the lawyer from BG and I went before the judge. We explained everything and the judge said to hammer out something I could afford. It's now $150/month. The lawyer that was at the court was a decent guy and very reasonable.
My advice would be to go to court, and try and hammer out a deal in person.
I know this is past the date. But, I'd liek to know what you did and what the outcome was.


Submitted by msmarylynne on Fri, 02/06/2009 - 08:12

msmarylynne

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I am a consumer protection lawyer in Illinois who has a few complaints I am about to file against Blitt. If you have any questions, I can try to help. My office number phone number deleted. PM.Good luck.

Mario Kasalo[color=Red][/color][color=Red][/color]


Submitted by on Sun, 02/15/2009 - 09:45

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I was living in california and did not live in the address they claimed they served for me in illinois for at least a year.

they obtained a judgement against me even though there was no one at my old residence related to me.

I have bills and pay stubs showing my CA address when they claim they served me

I am back in chicago and want to know how can i get them to vacate or quash the judgement or at least have an attorney friend of mine still state I am in CA so they don re-serve me--

any advice would be appreciated


Submitted by on Thu, 04/23/2009 - 19:55

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I got at wage deduction notice in the mail. When I called them and asked what it was for they only said Gateway. That is all the info they would give me. So now me and my husband is doing Bankruptcy and our Attorney wants me to get the original contract on this account but it is over 10yrs old and when i call Blitt and Gaines they tell me that they dont have that info and that i need to call Gateway well when i call Gateway they cant tell me anything because i dont have any info on the computer that i had with them.
So my question is would this company have the original contract or do anyone one know how i can get the info i need because they are taking almost $350 a mo. from my checks and my attorney said that i need this to file on it can anyone help me out about this? Also i never was served with papers telling me this was going to court all i got was a wage deduction notice in the mail and then the next week when i got my check it was started already


Submitted by on Thu, 08/06/2009 - 09:53

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I'd love to know how to get ahold of Mario. I was summoned to court last year, and E-limidebt advised me to write a letter requesting all documents be sent to me about my debt with a credit card. All I was trying to do was dispute the 30% interest that was making the payments unpayable. Elimidebt also told me NOT to appear in court, just to file the papers requesting validation of the debt they were trying to collect on. Long story short ... I didn't go to court per advisement, and not only did Blitt & Gaines NOT have to send me proof of the debt; the judge made a judgement against me - no one; not the court, nor Blitt & Gaines notified me of the judgement against me ... and now they want to garnish my wages; and just informed me that my debt that had accrued at 30% a month with the credit card is now accruing at an addition 9% each month. Grrrrrrrrrrrrrrr I had a relative who was willing to loan me money to try to pay part of it, or settle for some lessor amount - they refused it. They say nothing but the full amount now will appease them - and they are fighting me because I actually do not make enough to garnish, so they are trying to strong arm more money per month out of me. Please don't use E-limidebt if you are reading this ... I spent $2,000.00 for their help and settled all my debt ON MY OWN except this one. When I called them and told them my delimna on this one - they have no answers for me. I told them I want a refund... but they aren't going to give it to me either.


Submitted by on Thu, 08/20/2009 - 11:06

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I'd love to know how to get ahold of Mario. I was summoned to court last year, and E-limidebt advised me to write a letter requesting all documents be sent to me about my debt with a credit card. All I was trying to do was dispute the 30% interest that was making the payments unpayable. Elimidebt also told me NOT to appear in court, just to file the papers requesting validation of the debt they were trying to collect on. Long story short ... I didn't go to court per advisement, and not only did Blitt & Gaines NOT have to send me proof of the debt; the judge made a judgement against me - no one; not the court, nor Blitt & Gaines notified me of the judgement against me ... and now they want to garnish my wages; and just informed me that my debt that had accrued at 30% a month with the credit card is now accruing at an addition 9% each month. Grrrrrrrrrrrrrrr I had a relative who was willing to loan me money to try to pay part of it, or settle for some lessor amount - they refused it. They say nothing but the full amount now will appease them - and they are fighting me because I actually do not make enough to garnish, so they are trying to strong arm more money per month out of me. Please don't use E-limidebt if you are reading this ... I spent $2,000.00 for their help and settled all my debt ON MY OWN except this one. When I called them and told them my delimna on this one - they have no answers for me. I told them I want a refund... but they aren't going to give it to me either.


Submitted by on Thu, 08/20/2009 - 11:08

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me too... I did not not really clarify the papers they give me if it's falsified or not. Before the court date they said I did call them and make an arrangement and want money for the initial payment for the court fees 310.00 and a 125.00 monthly. Do I really have to pay the court fees even I did not appear in the court? Please help...


Submitted by on Thu, 11/12/2009 - 20:04

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Blitt & Gaines is a JOKE! Someone showed up at MY house looking for my brother, asked my husband (who answered the door) if he was "bro" (obviously he said "no"), then if he knew "bro" and when he said yes, handed him a paper and said "He's been served" and walked away. Not once did they ask if he lived here or had EVER lived here (which he hasn't). When I tried to call them to tell them that, I was hung up on 4 times before someone said they'd "make a note of the address wrongness (exact quote)" before mumbling something about the call being taped and hanging up on me. Call 5 shows "no record" of any activity other than service of summons on his file so I went through it all AGAIN. If I had a way to contact "bro," I'd strangle him because I'm sick and tired of dealing with this SH!T!!! I get at least 2-3 calls a week and mail out the wazoo because of his bad debts. Wish there was a way to stop it all!!!


Submitted by on Wed, 01/06/2010 - 10:01

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I send them an offer for a setllement via certified mail. I did never receive back the post office document signed by them, now they summon me to court in a couple of days. What should I do? should I ignore them the way they ignored my certified mail.


Submitted by on Fri, 03/05/2010 - 08:39

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These people are a joke and make false claims. They must be reported to the state and stopped. The more people who step up the better chance they will be stopped. Don't put up with the threats!!!! They are acting illegally!!!! Don't buy into the scam!!!!


Submitted by on Wed, 03/17/2010 - 12:37

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You are all right.....to a point.

Yes, Blitt & Gaines is a joke.......BUT......unfortunately, they are operating within the law. Just barely within the law, and their tactics are very shady.

I just helped my fiance deal with these people..........and we beat them at their own game. It took hours & hours of work on my part.......but we won against them in court.

You have to do your homework, and be very diligent about it. DO NOT give up, and most importantly....DO NOT give in to them. I am NOT an attorney nor do I work for an attorney.

I am in the process of creating a website to help those who have been or are being harrassed by Blitt & Gaines. Until the website is completed, you can email at

[EMAIL="Ucanfightback@yahoo.com"]Ucanfightback@yahoo.com[/EMAIL]

As much as I would love to, I can't help everyone for free. There is a lot of work involved, but it is truly worth the effort to get these people to leave you alone. I know that trust is an issue, especially on the internet with millions of people trying to scam you. I am NOT trying to scam anyone out of their hard earned dollars. I'm here to try & help. I can't guarantee that everyone will get the same results as my fiance, but you won't know unless you fight back.


Submitted by on Wed, 03/24/2010 - 09:00

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I went into negotiation with Blitt and Gaines rep Jose. I lied. I receieved a summons to come to court and called to negitiate two days before the court date. I offered to settle for 60%, Jose countered with 70%. I was perplexed. Turns out he did a bate and switch on me. Jose told me we were settleing for 70% ($$ - 70%) but he calculated for 30% ($$ x 70%). I knew something was not right but I did not catch on to what Jose had done until after I had agreed to the bogus amount thinking I was negotiating for 70%. I called the next day to confront Jose and he was not in. I told them young lady,who after some time gave a name I believe to be false, I felt cheated and wanted the firm to honor the 70% that Jose offered. She refused. I did not show up to court. Law firms have sent me solicitations for business saying a Judgement was entered against me for $3100. Do I have any recourse?


Submitted by on Wed, 03/24/2010 - 11:52

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I has a debt from a hospital that has since been reduced to zero per a financial statement that I had to complete with the hospital. I have several letters from the hospital stating that the account is at a zero balance. (This was from 2008) now all of the sudden my check is being garnished by this law firm. i have contacted them and faxed them copies of the letters. I have also contacted the hospital, which assures me that I do not owe anything. The law firm is refusing to give me my money back. Do I have any options?


Submitted by on Wed, 01/23/2013 - 10:30

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