How to Negotiate Debt With Blitt & Gaines

Family Smiling Blitt and Gaines

Summary: When you're sued for debt, you don't have time waste. Trying to ignore your debt won't make it go away. If you're being sued by Blitt & Gaines, you can negotiate a debt settlement. Just be sure to understand who Blitt and Gaines represents, assess your collection risk, and clearly communicate your situation to negotiate a lower settlement with Blitt & Gaines.

Oh no! You've been sued by Blitt & Gaines and now you're wondering how to resolve the lawsuit.

Getting sued for debt can feel paralyzing. But you can't afford to stick your head in the sand. Ignoring your legal problems won't make them go away. They'll only get worse.

Instead, you need to address your lawsuit head-on. That isn't easy. Luckily, SoloSuit is here to guide you through the journey of negotiating with Blitt and Gaines to settle your debt and resolve the lawsuit.

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Is Blitt and Gaines legit?

Yes, Blitt & Gaines is a legit debt collection law firm based in Wheeling, Illinois that works in America's $14 trillion debt industry. It's a medium-sized firm that collects debt for some major names, including CapitalOne.

Blitt & Gaines was founded in 1993. Since then, the firm has aquired several up smaller-sized firms. As a result, Blitt & Gaines now has branches in Indiana, Iowa, Kansas, Missouri, and Wisconsin. Its corporate HQ is located at 775 Corporate Woods Parkway, Vernon Hills, IL 60061.

Worried that Blitt & Gaines might be a scam? It's not. This lawsuit is the real deal. If you aren't prepared, you may find yourself in serious trouble. So, don't delay. Be sure to act fast to resolve the lawsuit.

Use SoloSuit to respond to debt collection attorneys in 15 minutes.

Use these expert tips for negotiating with Blitt and Gaines

To settle a debt lawsuit, there are typically three simple steps to follow:

Respond to the lawsuit.
Make an offer to settle.
Get the agreement in writing.

It's easier said than done, and you're probably wondering how to reach an agreement with Blitt & Gaines that is in your favor but also satisfies the debt. Well, to help answer your question, we interviewed an attorney and asked for tips on negotiating with Blitt and Gaines to settle debt. Here's what we learned:

Identify the Creditor: Determine if you're dealing with the original creditor or a debt buyer. This influences your negotiation strategy.
Understand the Creditor's Position: Original creditors, who lent the money, may be less flexible in settlements compared to debt buyers, who bought the debt for less.
Leverage Debt Buyers' Position: Debt buyers, having paid pennies on the dollar, may be more willing to accept a lower settlement.
Assess Your Collection Risk: If you're judgment-proof (no real estate, unemployed, or income protected from garnishment), creditors may be more willing to settle.
Communicate Your Situation: Clearly convey your financial status to the creditor, highlighting any challenges in collecting from you.
Negotiate for Lower Settlements: Use the information about the creditor and your financial situation to negotiate a settlement that's feasible for you.
Be Persistent and Patient: Negotiations can take time and multiple rounds of offers and counteroffers.

Watch our full interview with a licensed and practicing attorney below to learn more:

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Prepare for Blitt & Gaines Debt Collection Lawsuits

Lawsuits are the final battle of debt collection cases. The cost of these lawsuits can quickly rack up thanks to court costs and attorneys' fees. As a result, lawsuits are usually a debt collector's last resort.

Did you recently receive a packet of legal documents from Blitt & Gaines? In most jurisdictions, these packets include:

Complaint - A document detailing Blitt & Gaines' accusations against you. The Complaint should include information like the debt's total value and age.
Summons - This document telling you the day, time, and location of your court date.

If you received this packet, you're officially getting sued. Don't be embarrassed, it happens to the best of us sometimes.

Right now, it's important to act quickly. After you receive a Complaint and Summons, you have a limited amount of time to reply. The exact amount of time will depend on your state:

Illinois: 30 days
Indiana: 21 days (23 if Complaint and Summons were delivered by mail)
Wisconsin: 20 days
Kansas: 21 days
Iowa: 20 days
Missouri: 30 days

You must file your response to the Complaint, known as your Answer before the time limit expires. If you don't, Blitt & Gaines can ask the court to file a Default Judgment. If the court grants their request, you'll lose your case automatically. This is how the vast majority of debt collection cases are resolved. The debtor never Answers the Complaint and skips their day in court.

Respond to debt collectors fast with SoloSuit.

Use the right defense when Sued by Blitt & Gaines

You only have one course of action if you want to know how to win when sued by Blitt & Gaines. You need to draft and file your Answer. And fast!

But the court won't just accept any document as your answer. Each state's court system uses its own Answer forms. They're usually available on that state's civil court website. Submitting an incorrect Answer form may cause the court to declare it invalid.

In your Answer, you need to tell the court why you shouldn't owe Blitt & Gaines any money. This can come down to one of three main reasons. You must use one of these three reasons as your defense. Otherwise, the court won't accept your Answer. They may even rule against you.

Make the right defense the right way with SoloSuit.

Defense #1: Statute of Limitations

Debt collectors can't just come after you for age-old debt. A case cannot be legally filed if its statute of limitations has already passed. Each state has a statute of limitations for debt lawsuits. Statutes of limitation for states where Blitt & Gaines operates are:

Illinois: 10 years
Indiana: 6 years
Wisconsin: 6 years
Kansas: 5 years
Iowa: 10 years
Missouri: 10 years

If you can show the court that your debt is outside the statute of limitations for your state, they'll dismiss your case.

Defense #2: Incomplete Paper Trail

Companies like Blitt & Gaines don't offer loans themselves. Instead, they collect debt that was originally offered by someone else. This may sound convoluted, but it's legal.

However, the court takes paper trails very seriously in debt collection cases. Blitt & Gaines will have to show documentation that:

You agreed to the debt in the first place. This usually must be a copy of the original loan agreement.
That Blitt & Gaines has the right to pursue the debt. To prove that, they'll need to produce a bill of sale transferring the debt from your original creditor to their care.

If Blitt & Gaines can't produce either of these documents, they can't prove that you actually owe the debt. At that point, the judge will toss your case out of court.

Defense #3: Wrong Debt Amount

It should go without saying that Blitt & Gaines must sue you for the correct amount of debt. But you'd be surprised how often debt collection agencies botch their numbers.

Collectors often buy debt “as is,” meaning it may not come with a full paper trail. You may have made payments against the debt that Blitt & Gaines didn't include in their Complaint. If Blitt & Gaines isn't suing you for the correct amount, mention it in your Answer. The court will accept it as a defense in debt collection cases.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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Frequently asked questions about Blitt and Gaines

What is Blitt and Gaines?

Blitt and Gaines, P.C. is a Midwest-based debt collection law firm headquartered in Vernon Hills, Illinois. The firm specializes in representing creditors and debt buyers in consumer debt collection lawsuits filed across Illinois, Indiana, Iowa, Missouri, and Wisconsin. Blitt and Gaines files high volumes of collection cases each year, particularly in Cook County and other Illinois state courts.

Who does Blitt and Gaines represent?

Blitt and Gaines represents original creditors and debt buyers, including major credit card issuers such as Capital One and Discover, as well as debt buyers like Midland Funding, LVNV Funding, Cavalry SPV, and Portfolio Recovery Associates. The named plaintiff on the lawsuit Complaint identifies the actual party suing you — Blitt and Gaines is the law firm acting as outside counsel.

Is Blitt and Gaines a legitimate law firm or a scam?

Blitt and Gaines, P.C. is a legitimate, registered law firm licensed to practice in multiple Midwestern states, not a scam. The firm has been operating for decades and is subject to state bar oversight in every state where it files lawsuits. However, consumers have filed complaints regarding the firm's collection practices with the Better Business Bureau and the Consumer Financial Protection Bureau.

Where is Blitt and Gaines located?

Blitt and Gaines is headquartered at 661 Glenn Avenue, Wheeling, IL 60090, with additional offices serving Illinois, Indiana, Iowa, Missouri, and Wisconsin. The firm maintains a multi-state presence to file collection lawsuits in the consumer's home state. The Vernon Hills, Wheeling, and Naperville Illinois offices handle the largest volume of cases due to Cook County's high lawsuit filing rate.

How do I contact Blitt and Gaines?

Blitt and Gaines can be reached by phone at 800-920-0620 during regular business hours. Written correspondence should be mailed to 661 Glenn Avenue, Wheeling, IL 60090. Send all debt validation requests and disputes by certified mail with return receipt requested to create a record. If a lawsuit has been filed against you, contact the attorney of record listed on the Complaint.

How do I make a payment to Blitt and Gaines?

Blitt and Gaines accepts payments through its online portal at bgpayment.com, by phone at 800-920-0620, or by mail to its Wheeling, Illinois office. Before making any payment, consider whether the debt is within the statute of limitations and whether the firm can produce documentation proving the debt is yours. Get any settlement terms in writing before sending funds.

What should I do if Blitt and Gaines is suing me?

If Blitt and Gaines has filed a lawsuit against you, file a written Answer with the court before your state's deadline, typically 14 to 30 days from the date of service. In your Answer, deny each allegation, raise affirmative defenses including expired statute of limitations and lack of standing, and serve a copy on Blitt and Gaines to prevent a default judgment.

Will Blitt and Gaines settle a debt for less than I owe?

Yes, Blitt and Gaines routinely settles debts for less than the full balance, especially when the underlying client is a debt buyer who purchased the debt at a discount. Typical settlements range from 30% to 60% of the balance depending on whether the original plaintiff is a creditor or debt buyer. Settlement leverage increases after you file a written Answer demanding documentation.

Can Blitt and Gaines garnish my wages?

Blitt and Gaines can only garnish your wages after winning a judgment in court against you. If you do not file an Answer to a lawsuit, the firm can obtain a default judgment and then pursue wage garnishment of up to 15% of disposable income in Illinois (or 25% under federal law in other states). Filing a timely Answer is the most reliable way to prevent garnishment.

How do I respond to a Blitt and Gaines summons?

To respond to a Blitt and Gaines summons, draft a written Answer addressing each numbered paragraph in the Complaint with admit, deny, or deny for lack of knowledge. List your affirmative defenses, sign the document, attach a Certificate of Service, and file with the court clerk before the deadline. Mail a copy to Blitt and Gaines by certified mail with return receipt requested.

What is the statute of limitations on debts collected by Blitt and Gaines?

The statute of limitations depends on the state where the lawsuit is filed and the type of debt. Illinois sets a 5-year limit on credit card debt and 10 years on written contracts. Indiana, Iowa, Missouri, and Wisconsin range from 5 to 10 years depending on the debt category. Expired statute of limitations is a complete affirmative defense in your written Answer.

Can a Blitt and Gaines lawsuit be dismissed?

Yes, lawsuits filed by Blitt and Gaines are frequently dismissed when the firm cannot produce required documentation, including the original signed credit agreement and the complete chain of custody for debts purchased from another party. Filing a written Answer that demands proof of standing, denies each allegation, and raises expired statute of limitations creates the strongest position for dismissal.

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