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no proper service,now a fraudulent motion?


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A JDB originally filed a lawsuit against me in 2007. I kept tabs on it through my local clerk of the court site.I was never served,legally which is strange because I have lived in the same house for 15 years and have a very predictable schedule and can be easily served.

About a month ago, there was yet another alias summons issued, and not served (I went down to the courthouse and copied the file).I never got the summons,or complaint until I copied them. The complaint is the usual BS that alleges that the evidence is through electronic means,not even an OC, but a string of JDB's.

They then filed a motion for special service by certified mail, by regular mail and by posting at my home.I got the thing in regular mail yesterday. the motion for special service is to be heard on the 22nd.

My feeling is that they are trying to set up a summary judgment, can they motion for this on the 22nd?

FYI I called legal aid which I qualify for, and they said that until I am served, there is no need to respond.

I've also contacted a consumer rights law firm, and have not heard back from them yet.

As I read it , they have violated FDCPA in any number of ways, instituting a suit in 2007,no service of summons or complaint,and no validation of debt after the suit was filed: initial contact with no validation.

I do know that they can be challenged on this, but I have no money for litigation. Do I proceed with legal aid,or turn to the consumer rights law firm?

The money in question is in an amount I don't recognize because it does not match either of the two charge offs on my CR.They re-aged the debt as well??

Any and all advice is most appreciated.

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I'm not being "cute".

I needed advice,not sarcasm.

Answering a suit is second nature for a lawyer, not so much for the rest of us who come here looking for help.

Update:

Legal aid has the files and will assist me I hope in fighting this predatory JDB.

Consumer law firm is looking into a possible suit as well,based on these jerks

crawling out of the woodwork in the way they did.

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  • 2 weeks later...

Update:

Last Friday I get a letter from Blatt, Hassenmiller et al representing Capitol One.

These guys are a HUGE firm here in Chicago,and represent many OC's with incredible records and have huge resources. Crap one was due to go SOL as of 9/31/09. They are true bulldogs as far as I can tell.

I don't qualify for a chapter 7 b/c of the equity in my house.

I live on virtually nothing because of a job loss in 2008,underemployed like a lot of folks re crappy economy.

I don't want a judgment for a lien on my house b/c judgments are "forever",and as my house increases in value, so does the lien! I don't want to make money for these guys with something I've managed to save and scramble for for so many years so my kids could be here with me.

The ironic thing is, the ex dodges his creditors(50kplus) by moving frequently,and renting under his new wife's name.....they make in excess of 150k.....me not even close. He looks like he'll be able to dodge until everything is SOL

So help me out long time members(lady in red?).

Do I do cccs (as one BK atty advised),do I do a chapter 13 ,and hope the judge is merciful,Call and offer to settle.?( we are at 150% of the federal poverty level)...rules out a HELOC to settle.

My motto has been endurance,but I am very worried.

Cap one asking 10239.29

JDB 9k plus costs

Not so much debt , but they can get my house and cloud a sale?

I live simply now, we buy second hand,we are poor. HELP, any advise please?

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There are many helpful people on this site that can help you out here. If this is Crap 1 suit, did the atty. have any evidence attached to the complaint when you got it at the courthouse? It doesnt matter how big the firm is, if they have no proof they have no grounds to sue. My wife beat Blatt/Hasenmiller in 2007 for a defaulted cc debt. We live in central IL and they didnt make the pre-trial and the case was dismissed. If they provide a contract from Cap 1, read it very carefully. There is a spot in there about using VA law where the SOL is 2 years. I know there is a few posts on this site that go into detail on that fact.. Good Luck and remember it is always darker before the dawn....:wink:

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If your house is the only asset that worries you, look into filing a homestead on it. As far as I know it is available to most if not all. Ask your county clerk, it is usually a simple easy thing to do and will protect your homes value up to x amount of dollars.

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  • 2 weeks later...

Thanks montanatim and minxcomp1 for your replies and input put fresh hope my way.

Sadly, My homestead exemption is only $15 K and the equity in my home is greater than that sooo I don't qualify for chapter 7. The very thing I am trying to preserve and protect also is considered to be an asset that prevents me from defending as an indigent person(i qualify),and so I've swallowed the pill and will file an appearance with the fees tommorow.I cannot put the property in trust because there is a 5-year "look back" to prevent people from"fraudulently" protecting their assets.

On suit # 1 Debt Buyers Inc.I have crafted an answer,and will address the complaint and I've also Filed complaints with ARDC (governs Lawyers)and the State of Illinois Department of Financial and Professional Regulation.Turns out,YAY for me the Collection Agency is not licensed to collect in my state!

I've used it as an affirmative defense.Keep your fingers crossed!

On pending, Crap ! lawsuit, I've DV'd the law firm and even if they respond in a timely matter,the SOL runs out as of the end of this month.

Related to this I'd like to say,that if your local court system is available online,look at all of the cases filed by someone suing you for debt. You can get a feel about how much evidence they really have.:Debt buyers usually fold after an answer,or a defendant appears to answer the suit.

Having said all that.....I am not a lawyer and I am only relating my experience.

Hope to update soon with positive resullts!

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With regard to law suit 1 I would caution that in Illinois

Out-of-state collectors MAY be exempt from licensing if

[1] not soliciting accounts in Illinois;

[2] their state of residence has laws which provide similar reciprocity (allow out-of-state agencies to collect only); and

[3] the state in which the non-Illinois agency resides extends the same privileges to out-of-state agencies.

So you need to do some more research into the Collector before you rely on that affirmative defence.

Filing complaints with various agencies will do nothing to stay the suit.

I would prepare my answers accordingly in your situation.

With regard to Cap 1

It will take a heartbeat for a law firm to validate and file suit before the expiry of SOL if they have any idea of how to run a suit. I would not rely on that to save you.

Are the law firming acting as debt collectors or as attorneys directly instructed by Cap 1?

If they are acting as attorneys rather than debt collectors it may be they do not need to answer your DV and Illinois specifically excludes Licensed attorneys at law from the state legislation.

Given Cap 1 history of suing directly I would not be surprised if a law firm instructed directly had all the paperwork together. It is not the same situation as where a JDB is involved.

Again you need to prepare to answer the suit based on the summons. Your ex and everything else is irrelevant at this stage. It is all about playing by the rules and within the time schedule. Failure to adhere to either can prove costly.

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In IL there is a choice of law provision.

In Crap One's card agreement there is a clause asserting that VA law applies

(that says a 3 year SOL)...

You must assert this. It most likely is your only chance of prevailing.

If you have the resources, contact Attorney Lance Raphael in Chicago, he is VERY good, but not inexpensive. Consumer law centre....I believe....

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  • 3 weeks later...

I live in a major metro area,and because we are pretty poor, I qualified for legal aid from the local Legal aid foundation ! The lead atty HATES these JDB and at the last court date my volunteer atty amended my answer & provided affirmative defences ,counterclaim(s), and got us transfered out of the JDB courtroom(they hear nothing but these cases, and the judge was ...surly).and scheduled for a jury trial!

It turns out that the JDB is owned by the principal of the law firm that filed the suit...what a scumbag.

In other good news, Transunion dropped them from my report...no news yet from the other two.

There are good resources out there if you qualify,pro bono,and in my case the Legal Aid Foundation.

The other looming suit is the Crap One with Blatt, Hasenmiller et al,anyone with any experience with them good or bad,please relate?

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