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Total amount is $5,222.74 + costs

Card was taken out with Chase Manhattan about five years ago [right around the time my daughter was born]

In the summons, they include an exhibit that they call an "affidavit of indebtedness" but it doesn't show anything more than their company supposedly picking up the debt from Chase. No start or end dates with Chase are indicated - so no real proof that there is a card out there with my wife's information out there somewhere.

Yes, she had the card taken out - and yes it did get behind. Now, though, this company has assumed the debt [purchased for "pennies on the dollar"] and they are attempting to collect on the debt plus interest and now court fees.

I did some searching on the company and I keep hearing such "lovely" things about them.

I live in Illinois, and the SoL is five years, but I do not know exactly when the credit card was taken out. Could have been five years ago back in February, or March, but I was SERVED the summons in May. Did she manage to escape the SoL and can't be sued?

Who should I contact for legal advice? I'm having a hard time finding legal help in this matter. The summons date is this coming May 28th @ 9:00am. I can choose to enter a default judgment [which I won't] or deny the amount claimed. It's stated my wife would not have to appear in court on that day.

Any help that can be offered would be greatly appreciated.




I am pretty sure that Illinois is 10 years for a written contract. It is 5 years for an oral agreement. You can try to go to the NACA.netsite and find a lawyer there. It might be hard now as they already filed a lawsuit against you.

Did you call the court house to make sure there was a real case against you? Who served the summons?

Also if you could tell us who the debt collector and their attorney is, people here will know who your dealing with and the best way to deal with them.

You will have to answer the summons or they can get a default judgment against you if it is in fact a real case.

Sub: #1 posted on Tue, 05/13/2008 - 16:11

pokertramp pokertramp

(Posts: 512 | Credits: 27.92)

The firm is in Illinois - Barnett something. The paperwork is at home. The summons was delivered by local law enforcement. I have requested additional paperwork as my research into the firm has indicated that they try to dupe you. I got that from Bill Hibbs based on a copy of the same affidavit from two years ago for someone else. I do not think they have all the documentation they need.

Sub: #2 posted on Tue, 05/13/2008 - 16:44

Unregistered


Unifund is VERY shady, I can vouch for that, I am dealing with them personally. Guest, hang tight because JCEMT or skydver can offer you some insight on your situation, I'm sure they will be around sooner or later.

Sub: #3 posted on Tue, 05/13/2008 - 16:59

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17342 | Credits: 1592.85)

Um that toilet paper is hearsay because it was not created by original creditor.First contact Chase to find out your date of first delinquency. You will either have to go to court on your own or hire lawyer. Answer lawsuit and also make out a notarized sworn denial. Next request a trial and challenge their toilet paper affidavit as hearsay evidence and request it be barred from trial.If they rule against you,demand that the author of this document be added as a witness to call at trial.

Sub: #4 posted on Tue, 05/13/2008 - 17:32

cajunbulldog cajunbulldog
Moderators
(Posts: 4859 | Credits: 425)

The firm is Blatt, Hasenmiller, Leibsker & Moore. I had to use my Google web history to pull that up. Everything I read just scares me.

If you want to know what they included in evidence, here is a link:

budhibbs.com/
debtcollectorpages/
unifund.gif

Obviously this document is two years old now, but it remains relatively unchanged. Furthermore, it doesn't appear like they changed who is drafting the signatures, either. [I'm willing to blank out my personal info and share my own document as proof]

Good times.

Our church offers legal assistance so I'm going to contact people there as well to see if I can get reduced cost or sliding scale representation.

Sub: #5 posted on Tue, 05/13/2008 - 17:49

Unregistered


Guess I'm just updating this as I go:

I called the Circuit Clerk's office to check and see if any additional documentation was submitted with the application. When I spoke with the clerk, they had nothing. The only information was a notarized "affidavit of indebtedness" from February 2008.

Did they really need to include anything else with the filing?

If so - are people really that dense?

Sub: #6 posted on Tue, 05/13/2008 - 20:48

Unregistered


Removed !!

Sub: #7 posted on Tue, 05/13/2008 - 21:47

Unregistered


Thank you for removing Collection Dog's dribble and nonsense.

Sub: #8 posted on Tue, 05/13/2008 - 22:06

Unregistered


OK, I am starting to get more advice in from other sites.

It looks like the last activity on the account took place as follows:

The account was opened in March 2003.

The account was closed in February 2006.

An amount was paid in June 2005.

[Presumably by another collector]

The record was updated back in Sept. 2007 - when the file was transferred over to Unifund!

They closed the file on 10/2007, and updated it again in March of this year. [2008]

The original card limit was $2,500, and the high balance [after fees and interest] was $4,779.

When Unifund took it, they state the original balance, but then it jumped to $5,281. I'm being sued for $5,222.74 + costs.

Shouldn't there be some consistency here?

Sub: #9 posted on Tue, 05/13/2008 - 22:44

Unregistered


Unifund is not allowed to charge interest unless they have a judgment against you. That's when the interest and fees begin, not when they purchse the debt. I have the Federal laws on that at home, I am at work now, I'll post them tonight.

Sub: #10 posted on Tue, 05/13/2008 - 22:47

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17342 | Credits: 1592.85)

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