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Confused, scared and angry in IL


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Hello, all.

I was served out of the blue about a week ago, and I've been searching ever since. I ran across this website a few days ago, and read everything I could find. Thanks to y'all, I feel quite a bit better. However, I could use some direction and a fresh bunch of eyes.

I saw these around everywhere, so I figure I'm supposed to answer these, right?

1. Who is the named plaintiff in the suit?

Resurgence Capital, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Blatt, Hasenmiller, Leibsker & Moore, LLC

3. How much are you being sued for?

A little more then 10,000 <- So, regular civil

4. Who is the original creditor? (if not the Plaintiff)

Citibank

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

Woman at the door handed the papers to my brother.

7. Was the service legal as required by your state?

As far as I've been able to tell, yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None that I can recall. This was totally out of the blue

9. What state and county do you live in?

Clinton County, Illnois

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

I was thrown out of University in Dec 2009, and I've been unemployed ever since. The latest anything could occur would be then, so I'm betting it's at that point.

11. What is the SOL on the debt?

10 years on written contracts in IL, 5 on revolving accounts like credit cards.

12. What is the status of your case? Suit served? Motions filed?

Suit Served. Working on typing up Appearance and Answers

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Didn't know the collection agency, so No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork).

The only date on the summons is a statement to show up at the courthouse on 7-15-2014, so I'm thinking then. A call to the court for instruction said that was correct.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

No contract, anything proving Assignment, nor anything from the OC.

The only attachment was this:

Exhibit 1

Addidavit of Indebtednesss:

State of
county of

The undersigned, being duly sworn, deposes and states that he/she is an employee/agent of: RESURGENCE CAPITAL, LLC and I am authorized to make the statements based on review of the business records of the Account Assignee and those records and information transfered to Account Assignee from its Assignor which have become part of and integrated into Account Assignee's business records.

Plaintiff is the current owner of, and/or successor in interest to, the obligation sued upon, and was assigned all rights, title, and interest to defendant's CITIBANK, N.A. account.

According to the above described account records, Plaintiff claims the sum of *just above 10,000* is due and owed by Quixotic as of the date of this affidavit and states that this amount is true and correct and that there are no setoffs or counterclaims available to the defendant(s). Further affiant sayeth not.

dated 28th of March

signed (I guess? It's an unreadable set of identical loops) by the BDB employee

The Complaint Reads as follows:

Resurgence Capital, LLC

vs

Quixotic

Complaint

The Plaintiff, RESURGENCE CAPITAL, LLC, claims as follows:

1. The Defendant, Quixotioc, is/are a resident of CLINTON COUNTY, Illinois.

2. The Defendant(s) opened a charge account agreeing to make monthly payments for the purchases charged to the account.

3. Plaintiff is the successor in interest of said account from CITIBANK, N.A. having purchased said account in the regular course of business in good faith and for value.

4. The Defendant(s) did make purchases and charged same to the account but failed to ake the monthly payments called for on the account. There is a balance due and owing *a little more then 10,000*. (See Client Affidavit as Plaintiff Exhibit No. 1.)

5. Plaintiff declared Defendant(s) to be in default and demands payment of balance.

WHEREFORE, the Plaintiff, RESURGENCE CAPITAL, LLC, prays for judgement against the Defendant, Quixotic, in the amount of *a little more then 10,000* plus costs.

 

--

 

I;m trying to work out the answer, but a question: Can I object on acount that they didn't include a contract if they didn't specifically state there was one? If not, what do I do?

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@Quixotic

 

Since I'm not attorney, it's not clear to me if they're suing for a breach of contract or an account stated.   You need to read your rules to see if they are required to attach anything other than an affidavit to the complaint.  If not, you have to answer. 

 

Did they include an account number in the complaint OR the affidavit?

 

If it were me, I'd answer as follows:

 

1.  If this true, admit.

 

2, 3, 4,   Defendant has insufficient information to admit or deny and, therefore, denies.

 

5.  I would say "Denied".  By "declared" (past tense), I'm assuming they mean that they contacted you before suing.  I would deny.

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@Quixotic

 

Since I'm not attorney, it's not clear to me if they're suing for a breach of contract or an account stated.   You need to read your rules to see if they are required to attach anything other than an affidavit to the complaint.  If not, you have to answer. 

 

Did they include an account number in the complaint OR the affidavit?

 

No, there is no account number anywhere.

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No, there is no account number anywhere.

 

Read your rules about attachments to a complaint.  Is anything required to be attached.

 

If they don't have to attach anything other than an affidavit, I think you're safe in answering that you don't have sufficient information. 

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Hello Quixotic, Blatt, Hasenmiller, Leibsker & Moore, LLC sued me in Cook County, at the Daley Center, in Chicago.  They were running a huge scam and suing Cook County residents on the 11th floor of the Daley Center, using an improper Plaintiff, Citibank N.A. in order to get around proving the chain of custody.  They are debt buyers and buy these charged off credit card portfolios from Citibank N.A.  Blatt, Hasenmiller, Leibsker & Moore, LLC I think now know that people were catching on to their scam, and are now using the correct Plaintiff, Resurgence Capital, which is tied together with LVNV Funding LLC.  By them using an improper Plaintiff, in regards to my case, Citibank N.A. is fraud per the Fair Debt Collections Practices Act.  You must file an appearance with the Court in regards to this lawsuit, or they will walk away with a Default Judgment.  Blatt, Hasenmiller, Leibsker & Moore, LLC are con men, pure evil.   I posted a subject about Blatt, Hasenmiller, Leibsker & Moore not to long ago in the collection forum, please read it..

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I pasted this from a post by brotherskeeper made for another IL OP.

 

 

You will find some very useful info in here by a top Illinois consumer attorney:

http://www.edcombs.c...cember-2012.pdf

 

Also, If there is some kind of scam being perpertrated by the law firm suing you per Ajax500's  post, you should contact a consumer lawyer.  Curtis Warner is a prominent IL consumer lawyer, and his firm also handles cases in several states adjacent to IL.  A consultation is free, and I would advise that you contact him.

 

http://www.warnerlawllc.com/Experience.html

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@Quixotic

You need to make certain you know who your Plaintiff is. Resurgence Capital LLC is not the same entity as Resurgent Capital Services LP. Resurgent is affliated with LVNV, under the Sherman umbrella. 

 

LLC FILE DETAIL REPORT

 Entity Name RESURGENCE CAPITAL, LLC  File Number 03184226  Status ACTIVE  On 01/20/2014  Entity Type LLC  Type of LLC Domestic  File Date 10/27/2009  Jurisdiction IL  Agent Name MARCUS J. NUNES  Agent Change Date 10/27/2009  Agent Street Address 333 W WACKER DR STE 1800  Principal Office 1161 LAKE COOK RD STE D
DEERFIELD, IL 600150000  Agent City CHICAGO  Management Type MBR   View  Agent Zip 60606  Duration PERPETUAL  Annual Report Filing Date 01/20/2014  For Year 2013  Series Name NOT AUTHORIZED TO ESTABLISH SERIES Return to the Search Screen  
(One Certificate per Transaction)                       

http://www.ilsos.gov/corporatellc/CorporateLlcController

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