mofotech

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About mofotech

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  1. I wanted to give a update. I went today after posting and filed the motion. I also talked to the state clerk even though she told she isn't a lawyer she has since people do motions like this. In fact she said I should now just give a answer saying I filed a motion to the compliant. Anyways I just need a little more time so I can negotiate with these people and come up with a plan they would agree upon and also doesn't kill me financially.
  2. I had a follow up question. I was trying to negotiate with the lawyers but we ended in a stalemate. Then with my lawyer friends advise he wrote me motion for extension in time to file. But before I got to go and file the motion I got sick and I am still sick with high fever for past seven days ( fever is of unknown origin, been to ER.. can't figure out what is causing it). I also misunderstood my friend and thought he was going to write me an Answer of denial just to get some more time and we planned to negotiate before it actually got to court. I got a week now to still answer to court. Can I still file for the motion of extension? Or better I write a denial to not get a default judgement? I wish I was paying more attention but I have been so damn sick the last 7 days I couldn't get anything done. Today is finally a bit of a better day. The motion of extension my lawyer friend wrote this : Defendant is currently in need of retaining counsel for representation is this matter. However, due to a recent unexpected personal tragedy, Defendant is not with funds to retain counsel at this moment. Defendant requests an additional 60 days to collect funds and retain counsel to represent Defendant in this cause. Such an extension will cause no prejudice to the Plaintiff and is requested in good faith. WHEREFORE, Defendant humbly requests a 60 day extension in order to retain counsel for representation. The personal tragedy was my dad passed away a few days before I got served. I had to take account of his funeral cost which kinda broke the bank at that moment. I still am going to call back the BOA lawyers and try to settle with them. Any advise? I just want to avoid garnishment of wages because that will really mess up my finances.
  3. Ok I think now I know what to do. Its fruitless to do anything as BOA will know where my direct deposit is coming from right now via my boa acc. Thanks -mofotech
  4. Ya I definitely want to stop this lawsuit in its tracks. Its not worth my time, stress and brain power in dealing with this crap. I got better things to do and get on with life. But is my train of thought going the right direction? Send an answer for now and in the mean while go ahead and start the process of negotiation? Also just in case the whole matters drags out and they finally get a judgement against me in the process. Should I go ahead and start some tactics now in avoiding them from garnishing my wages? I have some ways I can deal with my finances without using an actual bank for direct deposit.
  5. Start a new topic and see if people can help you here with some advice. You can also do what the OP did. Dispute the charges with all the credit bureaus.
  6. I just spoke with my friend in FL. He was saying I should let a Judgment be made against me. ( I am assuming he means in court at trial, like lose the trial) . Then he said they will call me to do a deposition and obviously I won't go but I can then negotiate with them and probably get 50% off the original amount owed. I am just not sure if the lawyers even have to do that. I am assuming they can just start the process of garnishing my wages if they know where I bank , loll which is BOA! … I am changing that actually right now. I'm going to start banking with someone else and change my direct deposit from work to the other bank.
  7. Hey folks, I got a lawsuit from BOA n.a. with successor in interest FIA Card service and its for a credit card that I owe around $8k. I was just served 2 days ago. The lawyers for BOA are Hayt, Hayt and Landau. I had success last time with a JDB at the small claims court but this lawsuit is at the state court level. I feel this might be harder to fight off and they have said in the lawsuit they will introduce business records. I have read some different info online where these lawsuits can be fought off. But I actually don't want to bother going down the road again with these lawsuits. Last one was very stressful and I really think it was my good luck I was able to fight off the lawsuit. So what I plan to do is go ahead and file a denial answer for the time being but also call the lawyers up with the help of another friend whos a lawyer (his in another state, FL) and make a offer. I just don't know what to offer and what maybe reasonable enough for them so they take the offer and everyone can move on. I was thinking to offer $4k but not go more then $5K. Because I have to borrow money and pay back the individual within 6 months ( my sister!) I don't want the settlement to be higher then that. If not I will just make some low monthly payments but that might take 7-8 yrs to pay back the full amount. I have a feeling they will take the lump sum. Another thing I want to ask the forum is once a settlement is agreed upon would typically the lawyers just cancel the lawsuit on their own or there is certain things I need to do to make sure? Like if I give an answer and we settle but the court still has a trial do I need to still attend and let the judge know everything is settled (with documentation in my hands). Let me know what you folks think. I am out in Georgia in Cobb county. -mofotech
  8. Fair enough, I will just leave this alone. Honestly I wasn't that aggressive and was very scared when I took the case in front of the Judge. But I did enough and said enough to make the argument. Funny and very conniving the plaintiff's lawyer was as they attempted to use me to enter the alleged statements in court! They asked me to read off the statements and after I read a few things they then attempted to enter the statements as records. LOL, I objected instantly and honestly I did not see what the hell was happening until after the fact. The Judge then mentioned to me I could object and explained why to me. The nail in the coffin was I asked as my argument where is the record of custodian. When the Judge asked the Plaintiff about that then it was a done deal. In the end I did feel bad. I saw a lot of folks in court. Almost everyone there was a person of color. They all took whatever deals the lawyers for all the different JDB offered. No one went up to contest and fight for their case except for me. The OC you mean the original creditor? If that's it then it was Capitol one. One more question and I will not post anymore on this thread. After winning in court like this where the Judgement was made in favor of the Defendant. Have you guys seen Cavalry try to drag things to the superior court? Because I read somewhere here in GA some new laws passed a few years back where somehow hearsay type of evidence or some sort of or kinda hearsay evidence like all the JDB use can be used in the superior court? I am even fearful when I think of it that what stops the JDBs anyways in making up evidence. "OH ya I got a record of custodian …." and it some sort of made up or false affidavit. Like how the hell would I know or anyone else a JDB has a record of custodian who worked for the original creditor and signed off on business records as being sound and true. No way I would know if that person exist or actually works for the original creditor.
  9. Hi, I should start a new thread but I see this does seem dead on to my situation. I have actually gone through the whole nine yards with cavalry and I beat them in GA magistrate court. I just used the basic arguments and I won the judgement in my favor . But my question here is since these JDBs have gotten so powerful in the last few years should I be concerned the JDB try to take the case to superior court? The amount was for $1700 and change. Also I wanted to ask since I was able to fight off the case and won. Should I counter suit and use the FDCPA because they dragged me into court under evidence that could not be verified and thus was a deception? Or best to just stay the hell away? LOL , this was very frustrating for the last few months.