OverThis

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  1. Should I bring up her statement " Banks and credit card issuers have a very reliable electronic record retention systems because such entities are subject to extensive government regulation. These government regulations are also the reason why federally insured banks always sell their bad debts. After the defaulted debt is written off to zero, the card issuer must sell the debt in order to realize a small margin of profit. The companies that buy the charged off debt receive electronic records from the assignor-bank, and therefore, the assignee's electronic records are the exact equivalent of
  2. Yes. I have most of those points written down to present to the judge. And so appreciate your points I wasn't sure how to say. I wish I knew how the proceeding will go, as she's never been in court when I have. I will let you know how it goes, I hope I can stay focused and not forget anything. It was easier having time to type out the form even though I could've done better. I don't know if or when I can object, the code is lengthy, and so far courtroom procedures don't flow like they describe in all the sites I've checked out. It will be interesting. Any thoughts on BK7 if I lose? Unfortunate
  3. Ah, glad you bet them, I imagine they will be after me next. Yes, although I was wrong, it seems what she's saying makes everything more unclear than it was. The custodian maintains perfectly accurate records which is what the buyer of said records can expect. WHAT buyer?!? If banks routinely sell the debt, and FIA is assuring the records are accurate for the new owner, then who's the owner.?! I plan to go in with what I've got and will be surprised if she's there. I wonder if the question of a third party buyer somewhere would be enough to satisfy my Motion to dismiss? I just feel like th
  4. (^ 6 unsuccessful months of job hunting...... ) I'm wondering how quickly they may freeze my bank account since I have to pay rent soon. Thanks everyone, I sure feel like an idiot bringing you all into this not knowing well enough what I was doing...
  5. Thank you for the replies, and my apology for the late response. I received a supplemental memorandum in support of Plaintiffs motion for Summary Judgement today in the mail (hearing is tomorrow) , and the attorney for FIA speaks to the above references you have each made, and defense of the Custodians' Affidavit. In haste and ignorance, I concede you are all correct, and the attorney is attesting to the accuracy of records available to the custodian. Her main argument being 'Banks and credit card issuers have a very reliable electronic record retention systems because such entities are subj
  6. 6/26 Attorney has filed an amended supplemental memorandum to support summary judgement. I havent gotten a copy, and court is tomorrow.. SO STRESSED about this. Can anyone offer some direction, critique, suggestions ? I had this posted in the Credit Repair forum. Thanks!
  7. Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as
  8. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): Sorry, doing this a**backwards... excuse the newbie, please...... 1. Who is the named plaintiff in the suit? FIA Card Services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lynn A. S. Araki-Regan & Associates, LLC 3. How much are you being sued for? ~ $4500 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you
  9. "This makes 3 in a row this week – I’ve listened to people who claim they are being sued by Capital One, when in fact it is an attorney’s office acting as a collectorwho is suing. What’s the difference? Plenty. For one thing, it’s fraud. In each of the cases, the consumer called Capital One who confirmed they did not own the debt any more and had “assigned” the debt to Law Firm X. This changes the rules of the game in court significantly. If the Plaintiff in a lawsuit is a third party (not the original creditor), basically everything they say in court can be ruled as hearsay." Admin post fro
  10. My main question is, what can I expect and what will be expected of me? When I go to court Thursday, should I be presenting something or am I just going to see what the judge decides, and thats it?
  11. FIA has an inquiry on my credit report, BOA shows it 'charged off'. The attorney sent a demand letter for the amount to be paid to HER. Next thing I get is court summons with her representing FIA. There is so much distrust, and I know it makes no difference, but the banks got bailed out, I didn't. I feel like this attorney rolls the dice and sends out demands to a hundred people, knowing 90% wont show up in court. I watched 8 people before me, (who werent there) get default judgements against them. Then its my turn, and for the 3rd time, the attorney isn't there. So, I filed the Motion to Oppo
  12. Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as