buckiB

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About buckiB

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  1. Okay.. Just got service via regular mail service. Can anyone direct me as to a good reply to the summons to delay ... ? Does BOA CC agreements have arbitration? Is that our best option to attempt a settlement or with the attorney directly ?

  2. Thank YOU. I am considering the BK option, reviewing attorneys to consult. Can you help or direct me to a reply to the summons to prepare. - Lets say I am considering settlement, how would I proceed and prepare the reply ?
  3. Okay ... Just spoke with Clerks office ... she stated there has been no POS. They will need to issue it ordinary mail. And once that happens, we have 28 days from that day to respond? She stated that the certified mail has yet to be returned from the Post Office.
  4. The filing was on 9/19 - clerks office says start date is the 9/20. They advised that we have 28 days to respond. Don't want to allow a default judgement. From what I've been reading it looks like its hard to get original creditor suit dismissed, so how do we reply ? To arbitrate ? Or to settle? Thinking further ... Last year we had a suit dismissed with PRA - for wrong venue. And we have 3 chase accounts we haven't addressed, they are with collections (been sold to several different agencies). I don't think chase will pursue, but PRA or anyone else, plus this BOA card ... I don't want to worry about future suits .... how is best to absolve all of this ???
  5. The complaint in only listed in his name. - They didn't include me on the filing. It is addressed to him, at my address (different county than where he is) - with his parents. He has not been served, anywhere, certified or otherwise. We only knew because of a Attorney offering services sent a letter about the filing. The last page states : INSTRUCTIONS TO CLERK FOR SERVICE OF SUMMONS BY ORDINARY MAIL IF CERTIFIED MAIL IS RETURNED MARKED UNCLAIMED. IF SERVICE OF PROCESS BY CERTIFIED MAIL IS RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT OF "REFUSED" OR "UMCLAIMED", THE UNDERSIGNED WAIVES NOTICE OF THE FAILURE OF SERVICE BY THE CLERK AND REQUESTS ORDINARY MAIL SERVICE IN ACCORDANCE WITH CIVIL RULE 4.6 (C) OR (D) AND O.R.C. 1923.06. SIGNED, BY THE ATTORNEY OF RECORD. There was no proof of the debt attached, except a statement from January, 2016. NOt sure if it matters, but originated as an MBNA, then FIA card services, then BOA. I need to reply to the summons tomorrow. How should we reply to help buy time to consult ?
  6. URGENT ... was notified Friday by an solicitation letter from an attorney of a lawsuit filed by BOA on a defaulted CC ... MUST reply MONDAY ... Please help with reply! 1- This account is in my husbands name and we separated 18 months ago. I'm in Fairfield county, but he is in Franklin. Summons Complaint was filed in Fairfield County. There is no proof of the debt attached as in a signed agreement, etc ? ..... Any options you can offer GREATLY appreciated ! 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): 1. Who is the named plaintiff in the suit? BANK OF AMERICA 2. What is the name of the law firm handling the suit. LEVY & ASSOCIATES, LLC 3. How much are you being sued for? $9057.00 4. Who is the original creditor? BANK OF AMERICA 5. How do you know you are being sued? ATTORNEY SOLICITATION LETTER, NOT SERVED CERTIFIED MAIL 6. How were you served? NO SERVICE ??? 7. Was the service legal as required by your state? NOT SURE. COMPLAINT DOES SAY IF NOT SERVED CERTIFIED BY POSTAL, TO SUBMIT ORDINARY MAIL ???? NEVER GOT IT THOUGH Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? OHIO, FRANKLIN 10. When is the last time you paid on this account? Approx Jan, 2015 11. What is the SOL on the debt? To find out: I believe 6 YEARS Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? COMPLAINT FILED BY PLANTIFF - WE MUST REPLY ????? 13. Have you disputed the debt with the credit bureaus NO. First we knew of this agency 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? (This should be in your paperwork). WE HAD 28 DAYS. TO ANSWER COMPLAINT Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? COMPLAINT SIGNED BY ATTORNEY, COPY OF A JAN, 2016 BOA CC STATEMENT.
  7. Hello ! Update .... and thank you ALL for your time and shared knowledge to assist me ... quite refreshingly helpful ! We had been waiting since I filed motion to dismiss for improper venue. Received a notice of hearing set for today. Called the clerks office to discuss, and was told the case was dismissed on 06/12, but I was never notified, never received anything ??? Verified on the courts docket, shows dismissed. Further I checked my resident and correct county and there has not been as of yet a new filing. Further, I spoke with a consumer law attorney who advised that basically with the case dismissed and if I were to file a claim for FDCRA violations, they would counter with "well you owe us more",, so he said its not worth pursuing? Goodness knows the violations though between improper venue and credit report filings. At this point, do you all have any recommendations to my case that I can stay proactive in defending or removing this item from our life and file altogether ? Thank you so much for any and all input!
  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): 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit. PORTFOLIO RECOVERY ASSOCIATES 3. How much are you being sued for? $4842 4. Who is the original creditor? CITIBANK (Sears) 5. How do you know you are being sued? CERTIFIED MAIL SERVICE 6. How were you served? CERTIFIED MAIL SERVICE 7. Was the service legal as required by your state? NOT SURE Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? OHIO, FAIRFIELD 10. When is the last time you paid on this account? Approx 2012 11. What is the SOL on the debt? To find out: I believe 6 YEARS Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? COMPLAINT FILED BY PLANTIFF, ANSWER BY DEFENDANT OBJECTING TO COMPLAINT/MOTION TO DISMISS AS WAS FILED NOT IN PROPER COUNTY 13. Have you disputed the debt with the credit bureaus NO. First we knew of this agency 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? (This should be in your paperwork). WE HAD 28 DAYS. TO ANSWER COMPLAINT Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? BILL OF SALE AND ASSIGNMENT (signed by Citibank rep)- no reference in document of our names, account number or such. COPY OF A ACCOUNT STATEMENT dated 6-9-13 I'm trying to prepare for this to be dismissed and refiled in our county, how do we best defend/settle. Should and how do we invoke arbitration?? Thanks for any and all input!!!
  9. Thanks ... I've been an hour or more trying to do it ... Ill get my old lappy out and try ...
  10. Thanks very much! Im trying to copy and post the Q&A link you posted ... not working for me just yet, but I'm trying! Ok ... I can't get it to paste here ... Help ??? I copied from your link to paste and reply, but it doesn't show up when I select to reply ?
  11. The "address" we were served via certified mail, was correct, is our address .. However, the county they filed the case for complaint is NOT correct. What is NACA and FDCPA ? Thank you for your time and reply!
  12. I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ... We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming! Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account. 1- filing was not in proper county of residence against us. - As such, we replied with a Objection to Complaint/ Motion To Dismiss. Spoke to that county clerk of court and she advised that was correct because its not in the proper county and they would likely dismiss and refile in our county. Basically, we are buying time here to find a solution and enforce proper case management. This is the first of proceedings that we are aware of. Assuming we elect to not BK the debts (or don't qualify), how can we properly defend against a JDB ourselves and/or obtain settlements with multiple accounts. We have 1 Citibank/Sears, 3 Chase accounts (all in default) and a BOA that is not in default. Any assistance and advise is greatly appreciated.