February 10, 2021
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 Blitt & Gaines are coming after you for debt collection, make a defense with SoloSuit.
Oh no! You've been sued by Blitt & Gaines and now you're wondering how to win.
Getting slapped with a debt collection lawsuit can be 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 attack your lawsuit head-on. That isn't easy. Luckily, SoloSuit is here to guide you through your debt collection lawsuit.
Blitt & Gaines is a debt collection agency based in Wheeling, Illinois. They stylize themselves as “debt collection attorneys,” but don't let that scare you. They're just a normal collector working in America's $14 trillion debt industry. They're a medium-sized firm that collects debt for some major names, including CapitalOne.
The company was founded in 1993. Since then, the firm has gobbled up smaller-sized companies. As a result, Blitt & Gaines now has branches in Indiana, Iowa, Kansas, Missouri, and Wisconsin. Their corporate HQ is located at 775 Corporate Woods Parkway, Vernon Hills, IL 60061.
Worried that Blitt & Gaines might be a scam? They're not, unfortunately. This lawsuit is the real deal. If you aren't prepared, you may find yourself in serious trouble.
Since they're a debt collection law firm, you can be sure that Blitt & Gaines excels in one area. Can you guess what it is? Lawsuits, of course!
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:
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:
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.
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.
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:
If you can show the court that your debt is outside the statute of limitations for your state, they'll dismiss your case.
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:
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.
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.
SoloSuit can help you represent yourself in court. Take 15 minutes to answer a few questions in our online web app. Generate an Answer to Blitt & Gaines' Complaint for free. One of our on-staff attorneys can even review your Answer for accuracy. And if you'd like, we can even file it directly with the court. If you're representing yourself in a debt collection case, you don't need to do it alone. Make SoloSuit your secret weapon in your debt collection lawsuit today!
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.