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I went to pay off an old charge off today and found out I have two cases againist me

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Okay If anyone has any input, it would be beyond appreciated!! So I called Cap One recovery to finally take care of my CO. They then told me it was out of there hands that I had to call this 800# and deal with them. I called and it was the number to the National Attorney Network. They told me my account was being handled by Blatt, Hasenmiller, Leibsker & Moore. They are based in IL. I used to live in IL, but have not lived there in two years.

Okay so I called because I want to get this debt taken care of, I know its mine and I live in Ohio now and there is no such law that a CA must be licensed to collect here. Here is where the problem starts......

The guy I talked to was an ultimate d-bag..he used a first name and a last name of one of the attorneys named in the firm. Well not only did they have my cap 1 account that was charged off, they also have a Midland account that was in my name. I got the midland account deleted earlier this year from the CRA's.

The rep gave me two Court numbers both of which I entered into the cook county website and sure enough there they were. Cap 1 vs Jilliep80 and Midland Funding LL v. Jilliep80.

The most recent activity on the Midland account was 11/2007 and that was Alias summons returned reason moved.

The most recent activity on the cap one account was 6/2008 and that was alias summons returned reason not listed.

Both of these cases are in civil court in Cook County, IL

1.) I do not live in cook county

2.) I do not live in the state of IL

3.) I have never been a resident of IL ( I lived there for short periods of time throughout 2004, 2005, and 2006.)

What should my next step be?

Sorry for the long post!!!

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someone else may have different thoughts -- I would file a motion to dismiss for improper jurisdiction. You may want to consult with an IL attorney about the motion. At least call the Court Clerk and ask if they have a fill-in-the-blank form for motions to dismiss for improper jurisdiction -- they might.

If the court grants your motion, the law firm will return the debt to the owner. It is likely that the owner will then assign the debt to a law firm in OH and the process starts over.

If the IL law firm is licensed to practice in OH, they will probably automatically refile in OH.

If the case is dismissed and the debt returned to the owner, you might get lucky and be able to strike a deal with the owner before it gets reassigned. Generally, once the debt is assigned to a law firm, the owner is going to take a hands off position and require you to deal with the law firm. As you might guess, that makes it more expensive.

Hope this helps you. The timing is a real shame.

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Thanks Debt Guy. I actually spoke with an Attorney in IL, Edelman and combs to be exact. They are so nice. If any one lives in IL I def. reccomend them. They pretty much gave me free advice which is rare in the law world.

They reccomended that I call the courts and get it dismissed based on the fact that I do not live there. Also my OH attorney mentioned failure to prosecute under Illinois' version of Civ. R. 41(B). No activity in almost 8 months.

This is for the midland case. They said I need to get rid of that and then procede to settle with them for my cap 1 debt.

I am calling the courts on Monday.

The law firm pulled my credit...hard pull on July 1st. The same day I called them.

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