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sued by Blitt & Gaines from CAP1


Guest TFH1966
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Guest TFH1966

I Hope someone can help me. I live in Illinois and was served on 9/2/10 by a lawfirm named Blitt & Gaines. This was my first contact what so ever with this firm they state they REP Cap1 listed as plantiff for a 1900.00 CC account.I Admit this is my debt but the amount is all wrong. the mandatory court date is 9/13 on the summons it states it was filed with my county clerk on 2/9/2010. my last payment to CAP 1 was 5/09 here is my questions.

1. Is Cap1 really the planitiff or would Blitt@Gaines bought this account from CAP1.

2. When i recieved the summons there was no evedence with the affadavid Just my Acct # printed on the affadavid. If Cap1 was the plantiff wouldnt they have sent along more evedence.

3. why would B&G wait 7 months to serve me from the time it was filed with the court.

Any advise would help, also I looked over all the paperwork and it doesent state to respond in 30 days. I showed the county clerk the summons and she agreed there was no mention of responding and just show up on the court date which im going to do.

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In Illinois small claims the summons can either give you 30 days to respond or a return date. If a return date is given no written answer is required.

Illinois Supreme Court Rules

Illinois Civil Procedure

Pay particular attention to Rule 282(a) and Section 2-606 as to what is required to be attached to a complaint.

They could have filed in February and not been able to find you to serve you until now.

Myself, I wouldn't admit anything. Simply say the truth, which is you don't recall ever having a CC with this company for this amount and therefore deny the complaint.

I wish I could help more but what I know is just from reading and researching. My return date isn't until 9/20.

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