How to Negotiate Debt With Blitt & Gaines and Win Your Lawsuit
Getting sued by Blitt & Gaines requires immediate action to protect your rights. You must file your Answer within your state's deadline to avoid a Default Judgment. Negotiate strategically by understanding who owns your debt, assessing your collection risk, and getting all settlement agreements in writing.
Respond to LawsuitYou’ve been sued by Blitt & Gaines. Now you’re wondering how to resolve the lawsuit.
Getting sued for debt can feel paralyzing. But you can’t afford to ignore it. Ignoring your legal problems won’t make them disappear. They’ll only get worse.
Running Out of Time to Answer Your Blitt & Gaines Lawsuit?
Don't let your deadline pass and lose automatically. Our partner Solo helps you respond to Blitt & Gaines quickly and correctly, protecting you from a Default Judgment.
Answer the LawsuitYou need to address your lawsuit head-on. We’ll guide you through negotiating with Blitt and Gaines to settle your debt.
Is Blitt and Gaines Legit?
Yes, Blitt & Gaines is a legitimate debt collection law firm. The firm operates from Wheeling, Illinois in America’s $14 trillion debt industry.
Founded in 1993, Blitt & Gaines is a medium-sized firm. They collect debt for major creditors, including CapitalOne. The firm has expanded through acquiring smaller operations.
Blitt & Gaines now has branches in five states. You’ll find them in Indiana, Iowa, Kansas, Missouri, and Wisconsin. Their corporate headquarters sits at 775 Corporate Woods Parkway, Vernon Hills, IL 60061.
Worried this might be a scam? It’s not. Your lawsuit is real. If you aren’t prepared, you may face serious consequences. Don’t delay taking action to resolve the lawsuit.
Expert Tips for Negotiating With Blitt and Gaines
Settling a debt lawsuit typically follows three simple steps:
- Respond to the lawsuit
- Make an offer to settle
- Get the agreement in writing
How do you reach an agreement that works for you? We interviewed an attorney for expert tips on negotiating with Blitt and Gaines.
Identify Who Owns Your Debt
Determine if you’re dealing with the original creditor or a debt buyer. Your negotiation strategy depends on this distinction.
Original creditors lent you the money directly. They may be less flexible in settlement negotiations. Debt buyers purchased your debt for pennies on the dollar. They’re often more willing to accept lower settlement amounts.
Assess Your Collection Risk
Are you judgment-proof? You might be if you have no real estate or income. Protected income includes certain Social Security and disability benefits.
Creditors know collection will be difficult if you’re judgment-proof. They may be more willing to settle for less.
Communicate Your Financial Situation
Clearly convey your financial status to the creditor. Highlight any challenges they’ll face collecting from you.
Be honest about unemployment, protected income, or lack of assets. Your circumstances affect their willingness to negotiate.
Negotiate Strategically
Use information about the creditor and your situation to negotiate. Debt buyers who paid 10-20 cents per dollar may accept 30-40%.
Original creditors typically want higher settlements, around 50-70%. But they’ll negotiate if collection looks difficult.
Be persistent and patient during negotiations. Settlement talks can take multiple rounds of offers and counteroffers. Our partner Solo can help you respond to the lawsuit while you negotiate.
Understanding the Debt Collection Lawsuit Process
Lawsuits are the final battle in debt collection cases. Court costs and attorneys’ fees rack up quickly. Collectors usually sue as a last resort.
Did you recently receive legal documents from Blitt & Gaines? Your packet likely includes two critical items.
The Complaint
The Complaint details Blitt & Gaines’ accusations against you. You’ll find information about the debt’s total value and age. Review this document carefully for errors.
The Summons
Your Summons tells you the court date details. You’ll see the day, time, and location of your hearing.
Receiving these documents means you’re officially being sued. Don’t be embarrassed. Debt lawsuits happen to many people.
Act Fast: Deadline to Respond
You have a limited time to reply after receiving your lawsuit. The exact deadline depends on your state:
- Illinois: 30 days
- Indiana: 21 days (23 if served by mail)
- Wisconsin: 20 days
- Kansas: 21 days
- Iowa: 20 days
- Missouri: 30 days
You must file your Answer before the deadline expires. Miss it and Blitt & Gaines can request a Default Judgment. The court may grant their request automatically.
Default Judgments resolve the vast majority of debt collection cases. Debtors never Answer the Complaint and skip their court date. Don’t make that mistake.
Crafting Your Answer to the Lawsuit
You have one course of action to fight Blitt & Gaines. You need to draft and file your Answer quickly.
Each state’s court system uses specific Answer forms. You’ll find them on your state’s civil court website. Submitting an incorrect form may cause the court to reject it.
Your Answer must explain why you shouldn’t owe Blitt & Gaines money. You need one of three main defenses. Otherwise, the court won’t accept your Answer.
Defense #1: Statute of Limitations
Debt collectors can’t sue you for ancient debt. Each state has a statute of limitations for debt lawsuits.
Statutes of limitation in Blitt & Gaines’ operating states:
- Illinois: 10 years
- Indiana: 6 years
- Wisconsin: 6 years
- Kansas: 5 years
- Iowa: 10 years
- Missouri: 10 years
Show the court your debt exceeds the statute of limitations. They’ll dismiss your case immediately.
Defense #2: Incomplete Paper Trail
Companies like Blitt & Gaines don’t offer loans themselves. They collect debt originally offered by someone else.
Courts take paper trails seriously in debt collection cases. Blitt & Gaines must produce specific documentation.
First, they need proof you agreed to the debt. Usually that’s a copy of your original loan agreement.
Second, they must prove they have the right to collect. They need a bill of sale transferring the debt from your original creditor.
If Blitt & Gaines can’t produce these documents, they can’t prove you owe. The judge will dismiss your case.
Defense #3: Wrong Debt Amount
Blitt & Gaines must sue you for the correct debt amount. Debt collection agencies frequently botch their numbers.
Collectors often buy debt “as is” without complete records. You may have made payments that Blitt & Gaines didn’t include.
If the amount in the Complaint is wrong, mention it in your Answer. The court will accept this as a valid defense.
Negotiate Your Settlement After Filing
Filing your Answer protects you from a Default Judgment. Now you can negotiate from a position of strength.
Contact Blitt & Gaines to discuss settlement options. Start with a low offer, typically 20-30% of the total debt.
They’ll likely counter with a higher amount. Negotiate back and forth until you reach an acceptable agreement.
Get Everything in Writing
Never pay without a written settlement agreement. The agreement should include specific terms.
Confirm the exact settlement amount and payment deadline. Verify that payment satisfies the debt in full. Ensure the lawsuit will be dismissed after payment.
Request that Blitt & Gaines report the debt as “paid in full” or “settled” to credit bureaus. Save all documentation for your records.
What Happens If You Can’t Afford to Settle?
Maybe you can’t afford any settlement amount right now. You still have options to protect yourself.
File your Answer to prevent a Default Judgment. Explain your financial situation to the court. Provide documentation of your income and expenses.
The court may rule in Blitt & Gaines’ favor but limit collection options. Judgment-proof status can protect you from wage garnishment and bank levies.
Consider whether bankruptcy might be appropriate for your situation. Bankruptcy can discharge many types of unsecured debt.
Protect Your Rights During Collection
Blitt & Gaines must follow the Fair Debt Collection Practices Act (FDCPA). The FDCPA protects consumers from abusive collection practices.
Debt collectors cannot harass, threaten, or mislead you. They can’t call before 8 AM or after 9 PM. They must stop calling your workplace if you request it.
Document all communications with Blitt & Gaines. Save letters, emails, and notes from phone calls. Record dates, times, and what was discussed.
Report FDCPA violations to the Consumer Financial Protection Bureau. You may also have grounds to sue the collector. Violations can result in damages up to $1,000 plus attorney fees.