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Help... Served By Blitt & Gaines in Illinois for Midland Funding


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I've (actually handed to my son) been served (July 27th after 9pm) by an attorney for Midland Funding and must file written appearance, pay fees and answer the complaint Aug 2nd at 9:30am. The Affidavit in Support signed by Shannon McClellan at MCM, LLC. I have never heard of them prior to being served. OMG I am overwhelmed and scared to death. Help me Please!!

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I've (actually handed to my son) been served (July 27th after 9pm) by an attorney for Midland Funding and must file written appearance, pay fees and answer the complaint Aug 2nd at 9:30am. The Affidavit in Support signed by Shannon McClellan at MCM, LLC. I have never heard of them prior to being served. OMG I am overwhelmed and scared to death. Help me Please!!

Midland bought a charged off debt that supposedly belongs to you.

1. Who is the original creditor?

2. Do you owe the debt?

3. If the debt is yours, when was the last time you paid on the account?

4. Did they include anything else with Complaint other than the affidavit?

You need to read your court's Rules of Civil Procedure. They will explain how you must answer the Complaint. More than likely, you will need to include affirmative defenses (why you don't owe it). Here's a link to some defenses that might fit your case. Go to the 4th post in the link:

http://www.creditinfocenter.com/forums/state-laws-case-law-sample-forms/252142-sample-motions-forms-affirmative-defenses.html

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  • 1 month later...
Also is your son under 18? In many states, they cannot do substituted service by giving the summons to someone under the age of 18.

In Illinois, it's 13. Personal service is direct to the defendant; substitute service is any member of the household aged 13 or older.

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First thing you have to do is respond to the summons and file an Appearance. There should be a return date on the summons that you have to file your appearance by. You do not have to be in court that day, just file an appearance before that date or they will automatically win.

I have managed to stave off two suits in Illinois Small Claims by filing motions to dismiss based on the bogus affidavits attached to these complaints. In Illinois, many have been successful in doing so.

Based on this civil code:

(735 ILCS 5/2‑606)*(from Ch. 110, par. 2‑606)*

****Sec. 2‑606.*Exhibits.*If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.*

(Source: P.A. 82‑280.)

This basically means the person bringing the complaint must attach the contact that the complaint is based on, or if the contract is not attached or relevant portions of the contract are not recited within the complaint, the claim must have an affidavit explaining why the contract is unavailable. The affidavits the pleaders normally attach to these summons are insufficient as a matter of law because they fail to explain why the original contract is not available.

Also, check this out as a great example of case law in Illinois. An Appellate Court decision based on this section of the Illinois Civil code and the affidavits attached to these JDB complaints:

VELOCITY INVESTMENTS, LLC v. GREGORY ALSTON

I have also posted this case in the case law sub-section in this forum.

I am not an Attorney, but have received some great advice out here on this forum that has helped me. Anything I can do to help, I will try.

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As far as Shannon's background or any other JDB affiant...you have to show their work history does not include the OC - meaning that they cannot know how the debt was created.

For example, I was sued by a JDB who tried the affidavit on my case too. I nthe affidavit, she declared that she was familiar with the account and could testify if called.

I subpoenaed her work history, but then was able to find it on LinkedIn. She never worked for the OC - she worked at a taco joint in MN. I used that as a motion to strike as these 2 things was true, 1) she never worked for the OC, but at a taco place, and 2) if her posting on LinkedIn was true, then she was committing perjury by stating that she was familiar with the account.

After 2 hearings, 1 on my subpoena of the affiant's work history and to appear for testimony and the second on my motion to strike, the JDB decided it was easier to dismiss.

The moral of the story is this- the affiants have never worked for the OC and their affidavits are all hearsay

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As far as Shannon's background or any other JDB affiant...you have to show their work history does not include the OC - meaning that they cannot know how the debt was created.

For example, I was sued by a JDB who tried the affidavit on my case too. I nthe affidavit, she declared that she was familiar with the account and could testify if called.

I subpoenaed her work history, but then was able to find it on LinkedIn. She never worked for the OC - she worked at a taco joint in MN. I used that as a motion to strike as these 2 things was true, 1) she never worked for the OC, but at a taco place, and 2) if her posting on LinkedIn was true, then she was committing perjury by stating that she was familiar with the account.

After 2 hearings, 1 on my subpoena of the affiant's work history and to appear for testimony and the second on my motion to strike, the JDB decided it was easier to dismiss.

The moral of the story is this- the affiants have never worked for the OC and their affidavits are all hearsay

couldn't we discover the same information by asking interorgies ?

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The JDB may be evasive with their answers or object to them as not relevant...that is why I use a subpoena.

Subpoenas compel a response if there is no motion to quash them. So if I subpoena an affiant's work history and they don't comply- the court can hold the JDB in contempt - it's just a nice way of bogging down the case.

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  • 1 month later...

Also in need of help with Blitt and Gaines. I am being sued as well, tried to work out payments but they want $187 a month on a $1400 debt. I am a single parent of two and cannot afford a wage garnishment. It is the 12 of October and I have until the 25th. Need advice.

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  • 1 year later...

Quick question, i just got a 30day notice in the beggining of october from blitt and gaines and sent a debt validation letter back to them certified mail, i have yet to receive any paperwork from them and just looked on the mchenry county court clerk website and it looks like on the 29th of october they filled a summons - so it looks like ill be getting a knock on the door soon. what are my options? the original dated letter from them is dated oct 5th stating i have 30 days to dispute the validity of the debt and they are filling before the 30 days is up and didnt respond to my DV. whats funny is as soon as they got my DV they stopped calling me. can i contest this in court. we were planning on filling BK come jan or feb but i dont need a garnishment now. I know i can stall them but one part of me wants to fight them as they are leeches.

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