Collection Attorneys
Blitt and Gaines, P.C.This business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 83 total complaints in the last 3 years.
- 43 complaints closed in the last 12 months.
If you've experienced an issue
Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.
Initial Complaint
Date:11/18/2022
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
On or about 08/28/2022 I had a process server come and bang on my door, we were still sleeping, and so he proceeded to yell from out in front of my house my name over and over and over again, until someone came to the door, which happened to be my 18 year old daughter. She was scared by him and didn't even want to open up our security gate, but she was told she had to. When I figured out what was going on I contacted Blitt and Gaines via their website contact us page and did not hear anything from them for a week. So I contacted them again, and they acted like I was lying about the first contact. I tried to settle with them, but they wouldn't take any of my offers, of which I made 5 of them. So they went to the court to file a notice to file a default judgement. I asked them to verify the debt with something showing my signature and all they could send me were some statements that showed the balance on it, nothing proving it is my debt as this is from 2008 and I don't remember opening this account. But I am trying to give the benefit of the doubt and offer a settlement. I have not worked in over a year, so I don't have much money and I am willing to make payments, but they don't seem to want to work with me. They keep telling me to make them an offer and each and every time I do, they just come back with the exact same thing that they have been trying to get me to pay without even considering my offer. Now they have been calling me, and when I try and call them back, I don't get an answer. I don't know if these people are real lawyers or not, but they sure are not professional, or considerate.Business Response
Date: 11/28/2022
November 28, 2022
Our office is in receipt of the complaint forwarded on November 19, 2022, on behalf of ************ and appreciate the opportunity to respond to this complaint.
We have reviewed the complaint and our internal file in an effort to resolve the complaint. ************ initially expressed concerns with a process server yelling her name repeatedly until her daughter allowed access and accepted service of process. ************ further alleges that she presented a number of settlement offers to our office and that we have not been considerate of her circumstances in trying to resolve the outstanding balance. ************ further states that we have not provided satisfactory verification of the debt.
A review of our records indicates that ************ opened a Citibank, N.A. credit card account on September 30, 2012. The account was charged off on December 17,2017. After all payments and credits were applied a balance remained due and owing in the amount of $2,138.77. On March 30, 2022, Ms. ***** account was assigned to Cavalry SPV I, LLC, the current creditor. On July 5, 2022, our office sent ************ our initial communication indicating our representation of Cavalry SPV I, LLC. On August 25, 2022, our office filed a summons and complaint that subsequently was served upon ************ September 4, 2022.
It is important to understand the process servers utilized in these cases are vendors who control their own day-to-day operations, are independently licensed, bonded and regulated. They do not work at our direction other than to attempt service at our request. On September 7, 2022, ************ communicated with our office via email expressing concern that she did not hear back from us a week earlier when she was seeking to resolve the account. Our review of our records did not reflect any prior emails from ************ and we apologized if we missed anything. Our office requested that ************ complete an income and expense form in order to consider a settlement for less than the full balance due and owing on the account. On September 20, 2022 ************ returned the form but responded that she did not have any proof whether or not the debt was hers.************ stated that we were unable to show any documentation with her signature. On September 23, 2022 we sent ************ correspondence verifying the debt as well as the bill of sale indicating the current debt to whom the debt is owed. The account in question is a credit card and therefore it is use of the card that establishes the underlying agreement and not a signed application for credit. Our office and ************ have continued settlement talks over the past few months but have yet to reach an agreement. As the parties have yet to reach an amicable resolution, it is our clients right to pursue a default judgment.
************ can contact our office at our toll free number above to discuss further resolution of this matter.
Sincerely,
*******************
775 ***************************************************************************Customer Answer
Date: 12/01/2022
Complaint: 18438030
I am rejecting this response because: This did not resolve anything, number one, all they did was put blame on someone else. And number two their information is inaccurate. That account was not opened in 2012 it was opened in 2008, which is why this debt is not owed since it is past the ******* Revised Statue of the six year limitation. But I have been trying to get this off my credit report and I have been trying to resolve this account, but each and every time I offer them a settlement they automatically reject it without even a consideration, which is what they asked me to do. Since I have been negotiating they have continued to pursue legal action against me regardless of the "deadlines" they give for their "offers". I am at a loss of what to do at this point other than expose them for the type of "business" they are.
Sincerely,
***********************Business Response
Date: 12/08/2022
Our office is in receipt of the additional information submitted by ************ in regards to our prior November 28, 2022 response.Ms. ***** initial complaint was forwarded on November 19, 2022, and we again appreciate the opportunity to respond. Fortunately, I believe that our office has just reached an amicable resolution with ************.
We have reviewed the complaint and our internal file in an effort to resolve the complaint. ************ states that her account was opened in 2008, which puts this debt beyond Arizonas statute of limitations. However,our client provided information to our office that the account at issue originated on September 30, 2012. As to the consumers question regarding the ******* Statute of Limitations, a review of Arizonas statutes will provide clarity. In *******, the Statute of Limitations on a credit card debt is six (6) years from the date that the cause of action accrues. A.R.s ****** A. 2.The cause of action accrues from the date of the first uncured default on the account. Ms. ***** account was charged off in December of 2017. As such, the Statute of Limitations to file the current lawsuit would be in 2023. This lawsuit was filed on August 25, 2022. As such, the Plaintiff is well within the statute of limitations on this cause of action.
************ has stated her frustration in regards to settlement discussions. However, I believe that we have now reached a fair settlement to resolve this account. An offer from *********** for less than the full balance owed was considered and accepted by our client just this week. As such, a proposed settlement offer letter has been tendered to ************ to resolve this matter.
************ can contact our office at our toll free number above to discuss further resolution of this matter.
Sincerely,
*******************
775 ****************************
************, ** 60061Initial Complaint
Date:11/02/2022
Type:Order IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
***** and Gaines filed a lawsuit to collect a debt. I received no notice of the claim or lawsuit. They then had a lien put on my bank account. I contacted them and resolved the debt immediately. Now 15 days later lien is still not removed. I called and they stated 14 day they send notice for lien to be released. I contacted them on day 15 they stated it was still being resolved. I replied I have contacted a lawyer. Its unfathomable to place a hold for 15 days past the date they received payment.Business Response
Date: 11/11/2022
Please see attached response.Customer Answer
Date: 11/13/2022
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Sincerely,
*************************Initial Complaint
Date:10/17/2022
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I received a collection letter from this firm concerning a *********** account. I contacted firm and they refused to discuss it unless I gave them all of my personal information. I informed them this was not my account and they suggested I call ***********. I confirmed all my accounts were in good standing and that there has never been any other accounts in my name. I then informed the firm of this and they wouldnt even note that this has happened. This is fraud trying to collect a fake debt.Business Response
Date: 10/31/2022
Please see attached.
Blitt and Gaines, P.C. is NOT a BBB Accredited Business.
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