Bookish

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About Bookish

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  1. Seaward. Thank you for this valuable information. I'll see what I can do about obtaining information about N & K's fee arrangement with B of A.
  2. ClydesMom, Thank you for the info. As I understand it, the Act applies to debt collectors, either third party or attorney's for original creditor. N & K is a debt collector.
  3. Currently in Discovery phase of a debt collection lawsuit filed by Bank of America through Nelson & Kennard, in Sacramento. Am Pro Per. Nelson and Kennard have engaged in a game of deception - through misrepresentation from the get go. As a Pro Per, despite N & K's bad faith unlawful actions, it seems I have little chance of winning against them. Don't have the resources to hire an attorney or the time to battle it out despite having a good case for violation of FDCPA.. Losing means I pay legal fees for N & K (California). Highly doubtful a Pro Per without resources can win against a legal debt collection mill. Their "prayer" states I was "informed prior to commencement of this action that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to the principal otherwise owed". Immediately after the lawsuit was filed, we came to a settlement agreement. At that time, N & K agreed to stop the lawsuit. A few days later, I was served anyway. Then, although I was served, N & K advised me on several different occasions that I did not have to file an Answer, because a Stipulation Agreement would be filed with the Court in just a few weeks. The Stipulation Agreement arrived several months, not several weeks later. It included many terms never discussed. It looks as though N & K never intended to honor the agreement. They dangled the Stipulation to hopefully talk me out of filing an Answer. When that failed, they had no incentive to stop the lawsuit, since I am paying for their time. I stopped making monthly payments after I received the Stipulation Agreement. It was obviously developed in bad faith, as a ruse. I did file an Answer within the deadline. I've spent a number of hours in the law library attempting to determine what they can collect in legal fees, to no avail. They seem to have every incentive to pad their fees. So far, I have not been able to find any way to stop the lawsuit so I can stop the quickly accruing legal fees. Am worried about a judgment that could be double or triple what I owe to Bank of America when legal fees are taken into account. So, two questions. How much can they collect? And, how can I, a Defendant stop a Collections lawsuit that is currently in Discovery. When they win, I am also curious about the effects of a Default Judgment on my credit. I understand already that they can levy my bank accounts, assets and home. Thanks in advance for any assistance. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++----------