Sunday, May 12, 2013

I'm being sued by HBLC, what do I do?

Disclaimer:  I'm not an attorney and therefore cannot dispense legal advice.  I'm also not affiliated with any attorneys whom I may mention here.

1.  YOU MUST RESPOND IN SOME FASHION.  If you ignore the summons from HBLC, Lawrence Spilg wins by default and will then likely attempt to garnish your wages, or pursue other means to collect on the judgment.  Because HBLC rarely has valid information to prove a contested case in court, they are counting on the fact that the vast majority of defendants simply won't show up.  Based upon feedback received from other consumers targetted by HBLC, they will not even bother to appear in court if they know you are properly represented by an attorney.  Spilg and his wife Jennifer McAllister live in an upper-class home in Cary, IL, very likely thanks to hundreds of debtors who didn't know their rights and didn't respond.  Don't be part of that demographic, let Spilg and McAllister earn their paycheck like the rest of us.

2.  COLLECT ALL RELEVANT INFORMATION.  Do you actually owe the debt which HBLC is suing over?  If you do, has it exceeded the statute of limitations?  (the SOL means they are not allowed to sue you for the debt.)   When did the debt first become delinquent--this will be an important date to know.  And, just as importantly, can Spilg or Jennifer McAllister (or Cynthia Rogers, or Brian Rogers, or William Rogers) actually truthfully testify to having knowledge that you owe the debt, as the filed affidavits often allege?

3.  SPEAK WITH AN ATTORNEY!!!  There are numerous attorneys who specialize in consumer law.  Many will offer free consultations, and if you have a good counter case against HBLC for Fair Debt Collection or other violations of the law, some attorneys may take a case "on contingency" (they get paid a percentage if you win or settle.)  Weed out the attorneys who will only "push" bankruptcy as a solution... unless bankruptcy is a viable solution for your problem.  (Again, I am not an attorney, but my opinion is that bankruptcy is a tool for saving your house and property when you have hundreds of thousands of dollars of medical bills... and NOT to ward off a junk debt buyer who is filing a frivolous case on the hopes that you won't show up to defend yourself.)

4.  YOU MUST!!!! RESPOND IN SOME FASHION!!!!!  I am here, talking about this on a webpage, because I foolishly did not respond to the summons.  I did not have the financial resources to hire an attorney, nor to file an "appearance fee" which Cook County requires before they will even give you the right to offer a defense.  As a result, I am now having money directly seized from my paychecks--more than an attorney would have ultimately cost me--to pay for Lawrence Spilg's ritzy home.  Learn from my mistake, and don't repeat it.  If ONE person heeds this advice and keeps his/her assets out of HBLC's hands, as well as making them (godforbid) actually spend money to go to court to actually PROVE a case... then this will cost HBLC more than they're getting off of me.

A few resources which you may find helpful.  Again, I am not affiliated with any attorneys or organizations mentioned, nor can I vouch for their likelihood to take on your case:

www.edcombs.com  Edelman/Combs, a prominent Chicago-based consumer rights law firm.  According to their website, they have dealt with HBLC in the past.

http://c.plainsite.org/ilnd/219805/37.pdf  A filing in Federal court against HBLC Inc. and attorney Steven Fink which most should find very enlightening.  The attorney who represented the plaintiffs, Curtis Warner, can also be contacted via the internet.

www.debtorboards.com  A very helpful internet discussion board, describing many questions, pointers and methods for dealing with debt collectors.  Although the board is not managed or frequented by attorneys, it is home to many people who have had success in dealing with companies such as HBLC.

http://www.youtube.com/watch?v=X7wD-4ph1Z4  Actual video footage of a consumer getting a summary judgment request struck down.  Very notable is the part where he suggests that the affidavit is "hearsay"... this sounds very similar to the situation with the affidavit signed by Jennifer McAllister, in which she states that she would testify to certain facts about the accounts in question.

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