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Everything posted by barbaraj0301

  1. Thank you all for your excellent advice. I met with three attorneys last week. One of them said I shouldn't even bother trying to file for at least a year; the other two said that an offer of a lump sum to the trustee for a portion of the gift would most likely be accepted. My daughter and her new husband are both full-time students who have no assets and are living on financial aid, so settling with me for a percentage (they both suggested around 75%) would be much less time-consuming for everyone involved. I liked both of the latter two, but one of them just seemed to be a better "fit," so I'm going to call his office tomorrow and tell him that I'd like to move forward. I'm simultaneously nervous and relieved. It'll be great to have a fresh start, since I'm 57 years old and need to start seriously planning for retirement. Again, your input was very much appreciated! BJ
  2. Thank you for the info! That makes me feel a little more hopeful about getting some relief sooner rather than later. I did call an attorney's office and have an appointment on Wednesday. I have another three possibilities if it doesn't pan out. As far as not wanting to talk on the phone, I've been like that since I was a kid; which is ironic, because my Dad worked for the phone company. Social awkwardness plus hearing loss plus the fact that my office mate sits four feet away from me (so having a private conversation is next to impossible during normal business hours) make texting/emailing just more efficient for me. I do see your point, though, and appreciate the advice.
  3. LOL, that figures. I absolutely HATE talking on the phone...guess I'll have to suck it up and make some calls on Monday. Thank you for the advice!
  4. Thank you - I'll start sending out some emails this weekend!
  5. Hello! I'm drowning in credit card/personal loan debt (~$65,000) and don't know how much longer I can keep my household going. I've been doing a lot of research about bankruptcy, and right now I qualify for Chapter 7 in my state (RI). Here's my problem - I gave my daughter $10,000 in July for her wedding. It was money from my Dad's life insurance that I set aside in a CD when she got engaged two years ago. In the grand scheme of things, it wouldn't have made much of a dent in my debt even if I hadn't given it to her. I've read that the claw-back period is from one to two years. What is the likelihood that a trustee would go after my daughter for her wedding gift (which she has already spent)? Any info or suggestions you can give me would to much appreciated!
  6. This was provided to me by @debtzapper - it was very helpful as far as finding applicable case law. Substantive_Defenses_to_Consumer_Debt_Collection_Suits_t.pdf
  7. @MassLady - Nevermind, I just saw the "Middlesex." As far as answering the complaint goes, here is what I was advised - #1 and #2 - you can admit to these #3, #4, #5 - "I deny this allegation on the grounds that I have not been presented with proof that the debt is mine." (Or words to that effect.) #6 - "I deny this allegation on the grounds that Plaintiff has not presented proof that the debt is mine and/or that they are legally entitled to collect it." #7 - "I reiterate my answers to items #1 - #6 above." #8 - #11 - "As in the above responses, I deny them on the grounds that the Plaintiff has not provided proof that the above-reference account is mine and/or that they are legally entitled to collect it." Of course the Plaintiff (JDB) is going to "assert" that you owe them - they're counting on defendants to just cave. Just because the letter came from a lawyer doesn't mean that their client has a legal right to collect on the debt. Believe me, I KNOW how nerve-wracking this is, but there's so much information on this board to help you stand up for your legal rights.
  8. Hi, @MassLady - @prove-it is correct - MA SOL is 6 years, regardless of where the credit card company is based. What county are you in?
  9. @debtzapper - Thanks for the link. Now that the pressure's off and I'm not quite so worried about my financial situation, I may call around and see what my options are when I'm done filing the complaint with the CFPB. @WhipItGood - I'll be interested to see what they send me, if anything. I'm pretty sure the boat has sailed on this particular alleged account. According to AA's paperwork, the last payment was made in October of 2008. Massachusetts has a six-year SOL, so the next guy who tries to collect it will be...SOL...
  10. @BV80 - Thank you!! Yes, my next step is to file a complaint - maybe I can help keep others from going through this turmoil!
  11. @debtzapper, @BV80, @shellieh98, and everyone else who contributed advice and support... CASE DISMISSED!!! It never even went to trial. I showed up at the courthouse this morning, all dressed up, notebooks loaded with all of the case documents, my notes, and printouts with applicable case law highlighted. I passed through security, and the guard asked me where I was going. I told him I was there for a bench trial. He looked confused, and said, "I don't have any bench trials listed for today." For a split second, I freaked out, thinking I'd gotten the day wrong, then he added, "but sometimes they forget to tell me stuff. Go check the dockets posted in the hallway, and if there's nothing there, you should check in with the Clerk's Office." I gathered my belongings and walked over the the bulletin board...nothing. So I walked upstairs to the Clerk's Office and gave her my name. She also looked confused. "I don't have you on my list," she said. "Let me check the computer." She punched a few keys, then looked up and said, "It says here the case has been settled." Now, I was confused, and I told her that I was unaware of any settlement. She went back to the computer. "Oh," she said. "The case has been dismissed. They faxed over the dismissal request yesterday." Then she looked through a pile of papers on her desk. "Here's the order - I was going to mail it out today." She handed me the paperwork. (At this point, I was in stunned disbelief. I said it was the best thing that had happened to me in a long time. The clerk laughed and said that a lot of people get upset when they show up and find their cases have been dismissed at the last minute - can you believe it?!) Here's what the fax says "By agreement of the parties, would you please take off list our Bench Trial scheduled for 3/12/15. A mutual stipulation of dismissal shall follow. Please issue a 45 day NISI order." The Court Order reads: "ORDER FOR ENTRY OF DISMISSAL The above entitled action was on the Bench Trial list before the court, XXXX, Justice, presiding, and thereupon was REPORTED SETTLED to the court by counsel of record. WHEREFORE, it is ORDERED that the AGREEMENT FOR JUDGEMENT be filed in the Clerk's office within 45 days from the date of this order. If said agreement is not filed within said time the clerk is hereby directed to prepare, sign and enter judgment dismissing the complaint, without prejudice and without costs." I'm not sure if this means that they can re-file (since they reported it settled and requested the dismissal), but at least it's good news for now. Thank you SO MUCH for everything...it just goes to prove that being prepared and showing up go a long way!!
  12. @BV80 and @debtzapper - Done. Many thanks for lending your critical eyes.
  13. @debtzapper - I deleted item #9 about the affidavit, and included this: 9. In Plaintiff’s Exhibit A, the number of the account on the statements from Bank of America (ending in 2260) does not match the number of the alleged account referred to in Item 3 the Complaint (6867). I have not been provided with documentation from Bank of America by Plaintiff explaining the discrepancy.
  14. I have no idea why that smiley face keeps showing up...that should read (Exhibit B ) I've also added a statement about how the account number on the statements doesn't match the one in the complaint.
  15. @debtzapper - Oh, this is so frustrating! I don't know how to turn off the "author" information, so I'm just going to paste my updated version: 1. I, defendant, am competent to testify to the matters stated herein. 2. I have never had an account with Bank of America. 3. I have never had an account ending in 6867. 4. I have never made any payments to Bank of America. 5. I never used a Bank of America credit card to make any purchases. 6. I have never received statements from Bank of America. 7. I have never received notice that any account allegedly owned by me was assigned to Plaintiff by Bank of America. 8. Plaintiff has failed to provide a Bill of Sale from Bank of America for the alleged account. 9. In the Plaintiff’s Affidavit (Exhibit , Affiant does not that Asset Acceptance, LLC, incorporated the records of the alleged Original Creditor (Bank of America) and relied upon them in the course of regular business.
  16. My apologies for the empty posts - I deleted the two previous editions of my affidavit so as not to cause confusion. I'm definitely struggling with what I should and shouldn't include in the affidavit, and what belongs in my actual arguments. Here's the most recent version of the affidavit... Thanks for your patience!
  17. Back again... I've revised my affidavit, after re-reading the comments about it containing what I can swear to before the judge. The rest of the material (failure to provide bill of sale, etc.) belong in my arguments... Correct?
  18. @BV80 and @debtzapper and all - I really do appreciate all of the help and encouragement you've given me. You are literally (and I do mean "literally") the only people I can talk to about this. Most of my family lives a good distance away, and I just don't feel right about calling them up and unloading my problems on them when there's nothing they can do. My son lives with me, but he has a severe anxiety disorder, so I obviously can't share this with him. My attempts at getting legal help have failed miserably as well, so I am completely on my own. Without the support of this board, I probably would have just given up by now.
  19. @shellieh98 - I'm definitely prepared for the possibility of their showing up with unexpected material.
  20. @BV80 (and anyone else who might have input) - I've attached my draft affidavit. Any suggestions would be welcome (yes, it's missing the final section for the notary's information, but I'll add that once the rest of it is done.) Thank you!
  21. @BV80 (and anyone else who might have input) - I've attached my draft affidavit. Any suggestions would be welcome (yes, it's missing the final section for the notary's information, but I'll add that once the rest of it is done.) Thank you!
  22. @BV80 - Yes, we discussed hearsay and business records. Reading through the original thread, I found something that you had told me about my affidavit - "In your affidavit, you should say something that challenges the authenticity of the credit card statements and the affiant's claim about creating and maintaining them. Don't forget that she didn't say that Asset incorporated the records into their own records and relied upon them." Should that be on the same affidavit as above, or do I need a separate one with the defenses I'll be using?
  23. @BV80 - Thanks so much! Should I get it notarized like the affidavit they sent me? And again, no - I never made a payment to Bank of America. The two statement copies they sent showed no transactions other than accrual of interest/service charges.
  24. Yes, I have links to a few applicable cases - thank you! I can't find anything online as far as affidavit templates for MA civil court (or much help as far as any paperwork goes, actually), with the exception of an affidavit of indigence and a couple of domestic-related affidavits. Basically, it would just contain a statement from me denying that the alleged account is mine, or would I have to deny each allegation by number?
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