JamesSmith

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About JamesSmith

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  1. OK thanks guys, I guess i'll call tomorrow and see if they will enter into negotiations for a settlement. I already missed the deadline to file an answer unless i get the 10 days we talked about.
  2. OK thanks again guys, Unfortunately I opened the account in 2013.......Today is the last day to file an Answer unless they send notice of 'entry of default' after which i get another 10 days to answer but i'm told they don't have to do that so i'm not holding my breath.
  3. OK thanks, In that case it's probably pointless for me to file an Answer since there's nothing i can legitimately object to. I suppose my only options now are, negotiate a settlement or let them get a default judgement. Thanks for all the help everyone...
  4. I drafted an 'Answer' as best i could. Tomorrow i think i might call the attorney (and/or BoA) and see if it's not too late to come to an agreement. If not then i'll be filing my answer on Monday which is the 20th day. I read somewhere that if i hadn't filed an answer within the specified time the Plaintive would then send a notification for entry of default after which the Defendant has another 10 days to file an Answer. Not sure if that's true in AZ. Anyway, i attached my Answer below if anyone has any suggestions please let me know.
  5. I drafted an 'Answer' as best i could. Tomorrow i think i might call the attorney (and/or BoA) and see if it's not too late to come to an agreement. If not then i'll be filing my answer on Monday which is the 20th day. I read somewhere that if i hadn't filed an answer within the specified time the Plaintive would then send a notification for entry of default after which the Defendant has another 10 days to file an Answer. Not sure if that's true in AZ. Anyway, i attached my Answer below if anyone has any suggestions please let me know.
  6. OK thank you, Not that it makes any difference, but actually the date of the 1st missed payment was 09/17/15. The statement they sent as 'Exhibit 1' is from March 16th so that's where i got confused. So should i just admit to all the allegations in my 'Answer'?.
  7. I recently received a summons and complaint from BofA and would greatly appreciate any help on writing the Answer. I don't have much time (about 5 days unless i'm mistaken) Here are the bare facts: 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Liebsker $ Moore 3. How much are you being sued for? $5,959.89 4. Who is the original creditor? Bank of America 5. How do you know you are being sued? Recived summons and complaint 6. How were you served? (Mail, in person, Notice on door) Handed to step son 7. Was the service legal as required by your state? Unknown at this time 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received e mails and letters but did not reply 9. What state and county do you live in? Arizona, Santa Cruz County 10. When is the last time you paid on this account? March? 2016 11. What is the SOL on the debt? Not sure but I think it’s 3 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? Not sure. Was served Jan 3rd and have 20 days. Not sure if that includes weekends but if it does then I have only ‘til Monday 23rd (or Tuesday 24th?) 16. What evidence did they send with the summons? EXHIBIT #1 = bank statement from March 2016 Please find attached copy of allegations: Any help in writing the Answer would be appreciated Thanks! I just looked up the service of process laws in AZ and it states that a summons can be left with a person of 'suitable age and discretion' Given that my step-son who received the summons is only just turned 14 and arguably not of suitable discretion could i argue that i was improperly served? and if so would i file a counterclaim along with my answer?
  8. Thanks very much, I have considered taking out a home equity loan but i don't think now's the time as my credit score is down to 570
  9. Thanks Des for alerting me to that. The re-written article now states: "1. How does the Homestead Exemption protect a personal residence? Arizona law provides a homestead exemption to any person who owns and occupies a personal residence in Arizona. This statutory exemption protects up to $150,000 of equity from creditors with some exceptions, including a mortgage, mechanic’s lien, and child support. The homestead exemption is intended to prevent the attachment or forced sale of a personal residence to satisfy judgment creditors. In Arizona the exemption is automatic, which means that no special action is required to benefit from it, although a homestead declaration may be recorded if you have more than one eligible property." BTW There was no malice intended when i brought this article to attention, I was just confused and trying to clear up the question. tonyfalcon
  10. ClydesmomI I think i see where the confusion arose regarding exemptions outside of BK in AZ. This is a quote from a lawyer's site who operates in Georgia: I"n Georgia, there are two sets of exemptions, constitutional and statutory. In order to assert the constitutional exemption, the debtor must file a petition with the probate judge in the county where the debtor resides The bad news is that the statutory exemptions can only be used for bankruptcy purposes" So, according to this it's true, for your state anyway, that Statutory exemptions can only be claimed in BK. And i guess that's the thing to remember. Different states have different laws regarding the use of statutory exemptions and even then whether you can opt to use federal exemptions or can only choose the states exemptions. tonyfalcon
  11. OK thanks Des, I was rather hoping that would be the consensus. Now my other concern is that one of the credit cards I'm having trouble paying is at the same bank (Chase) that the mortgage is at. (I made a separate post about that in the 'Mortgage' section). tonyfalcon
  12. Thank you, that's very interesting. You would think being as they were the same bank they could tap into some Mortgage funds or other. Maybe their hands are tied, legally speaking?
  13. ok, thanks. I've done way more research on the subject of Credit Card delinquencies than most would reasonably expect but i wasn't able to find an answer to this question. So, many thanks! BTW. Why wouldn't the statutory 'Homestead Exemption' (in or out of BK) protect against a lien in this case? tonyfalcon