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Dell Financial/Notice of Motion/Blatt, Hassenmiller


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I have read the forum threads, but I think I have unique issue.

I have received via USPS a Notice of Motion from Blatt, Hasenmiller, Liebsker & Moore basically stating they were unable to serve me, (because I have a gate) and that they are requesting that they serve me via regular mail and post on my gate. So, I have not been served, but they are filing this motion on April 3?

It says on the bottom of the notice THIS IS AN ATTEMPT TO COLLECT A DEBT--which is strabge on a motion!

Is there anything I can do in the interim. I constantly hear this firm is horrible to deal with.

I had a dispute with Dell long ago. They decided to lower my credit and wanted the total amount due and I could not do it. I stopped paying and now am in trouble!

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Send a letter to them certified mail in which you agree to be served by mail (if it is also by certified mail) so as to prove proof of service. You cannot legally avoid service. The debt collector disclaimer is a federal requirement, ignore it. Dell is in Texas. When they sue you, post the complaint here word for word. Redact your name and change the amount somewhat. Don't start new threads. I suggest changing that username if that is your real name. They all watch this site.

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  • 1 month later...

Page One

X Plaintiff granted leave to serve defendant by posting summons on defendants home and mailing copy to defendant's home address certified and regular mail

Dell Financial Services LLC Vs. Me

Page 2

You are SUMMONED and required:

1.) to file your appearance...

2.) to file your answer to complaint...

Page 3

2.The defendant (Me) ordered and recieved from the plaintiff Dell Financial Services LLC, goods, wares or services for whuich balance is due and owing to to plaintiff in the sum of (over 2 grand)

3. There is a balance owing of (over 2 grand) (see client affadavit as Plaintiff's Exhibit No. 1)

4.) Plaintiff DELL FINANCIAL SERVICES LLC declared defenant to be in default and demands payment of balance

Wherefore the plaintiff DFS prays for judgement against the defendant in the amount od (over 2 grand)

There is an affadavit od indebtedness attached as well.

Any advice or help?!

I had a great realtionship with Dell until they lowered my credit limit --putting me over my limit, demaning the balance and threatening me with fees. I basically gave up on them.

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Post the complaint, see if there is a choice of law provision in any of their paperwork. Dell is in Texas, I think they do their own financing. Not entirely sure.

Dell does their own financing (Dell Financial services). I had credit with them until they jacked around with it. They did pretty much the same thing with me. They closed my account and demanded payment in full. Luckily I only owed them $70 at the time.

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My advise to you is to pay them. I tried fighting them, lost, got a judgement and finally a garnishment.

My garnishment is $60.00 from being paid off BUT now they are claiming they haven't received my last two payments...

Just trust me when I say this, IT'S NOT WORTH THE HEADACHES.

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I'm assuming this is small claims as it is for around $2000 (Illinois small claims is less than $10000). Which county you are in is very important, as procedures can vary a lot. The first step is to file your appearance and answer, since that's what your summons has instructed you to do.

BHLM was the law firm involved in my case. This was a downstate branch, of course, and they didn't seem too on top of things. They are a typical debt collection law firm, looking for easy default judgments.

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Ahhhh--the complaint--minor detail!

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

MUNICIPAL DEPARTMENT, FIRST DISTRICT, FIRST DISTRICT, COOK COUNTY

DELL FINANACIAL SERVICE LLC

Plaintiff

Vs.

Me!

Return Date:07/12/11

Amount Claimed $3,000 + costs

Defendant (s)

COMPLAINT

The Plaintiff, DELL FINANCIAL SERVICES LLC, claims as follows:

1.) the defendant (s) ME!

is /are a resident (s) of Cook County, Illinois

2.) he defandant, ME, Ordered and recieved fromthe Plaintiff, DELL FINANCIAL SERVICES LLC, goods and wares and merchandise of services, for which a balcnce is due and owing to plaintiff, in the sum of of $3, 000+

3.) There is a balance due and owing of $3,000+

(See client affadavit as Palintiff's exhibit No 1)

4.) Plaintiff, DELL FINANCIAL SERVICES LLC declared defendants (s) to be in default and demands payment of balance.

Wherefore, the plaintiff DELL FINANACIAL SERVICES, LLC pays for judgement against the defendant (s) in the amount of $3,000+ plus costs

I believe I answer the complaint--I have found a template to do so on here,

I ann mot going to back down, I have had huge problems with Dell equipment, service, defective products they woudl not accept returns and suddenly lowering my credit line and demanding entire balance due. I don't even think they have the correct amount!

Thank you to everyone for your help and support. This is obviously scary--so you have all made it easier--except for the guy who told me to just give up, lol : )

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Cook county is a beast of a system. You should not have to file an answer since it is small claims. You should have been given a return date. At that point the attorney will ask you how much you want to pay them. Just tell them you want a trial date set and always ask for a date further out. Please post the affidavit. I heart bhlm. Or is it hate?

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Was there a Dell agreement attached to the complaint? If not what was attached?

As some one mentioned Dell has arbitration clause , if you want Blatt to scream and cry file a JAMS arbitration demand with that forum first, then file motion to compel arbitration and answer/appearance with court.

I would attach JAMS paper work to motion to compel along with DELL's agreement and an affidavit. I'd go down to court house and get the motion filed at law division and ask for the hearing date to be scheduled.Then file answer and appearance in the next room.

Make a few extra copies and specially one for your files, send one of everything that was stamped and filed with court to Blatt (via CMRR) NEVER send anything to it regular mail, b/c it lies.

I would include a letter indicating arbitration has been elected and initiated with JAMS waiving the other party's rights to litigate, I'd give it 7 days to withdraw send it with the same package (answer, appearance, motion), just make sure to write the CMRR number inside that letter, b/c Blatt may argue it never was informed of arbitration ( you informed it, now)

Watch out for Blatt to argue an older agreement with NAF or AAA because it hates JAMS. (that is the purpose for your affidavit attached to MTC)

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