1. Who is the named plaintiff in the suit?
Bank of A
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hyatt, Hyatt & Landau
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Bank of A (the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
Hyatt told me on phone they had filed.
6. How were you served? (Mail, In person, Notice on door)
Served at home, summons given to doorman
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I asked for debt validation- They sent old statements. They did not send information showing they own the debt or I should be paying them- which confused me at the time.
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. When did you open the account (looking to establish what card agreement may be applicable)? May 2016
12. What is the SOL on the debt? To find out:
Within statue of limitations
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Active, court website still displays waiting on serve. Arbitation set for August 2020
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
Yes. I also spoke on the phone with them in attempt to set up plan. They wanted $2k upfront. I disputed the increase in late fee charges/fees effective 2018.
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
1. Bank of America is a wholly-owned subsidiary of Ban of America Corportation...formerly known as MBNA American Bank, N/A. FIA was merged into and under her charter..
2. At all times relevant hereto, the Defendant, XX, was the holder of a CC or other consumer finance account (the "Account") which, aththe request of the Defendant, was issue to the Defendant by Plaintiff, BANA, or a predecessor in interest.
3. Defendant accepted a did thereafter use or authroize the use of the Account for
4. A true and correct copy of the last periodic statement generated prior to charge-off of the Account is attached hereto, but will be filed seperately along with the Confidential Document Form prepared by Plaintiff's counsel.
5. All credits to which the Defendant is entitiled have been applied to the Account an there remains a balance due in the amount of $12XXX on the account.
6.Plaintiff has made demand upon the Defendant for payment of the balance due but he Defendant has failed and refused, and stillr efused, to pay the balance due. As such, the Defendant is in default pursuant to the terms of the Agreement.
The account was opened on or about 5/10/2016. The last payment made to he Account was made on or about 07/05/19.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
None. They state they attached the last periodic statement in #4 but it is not attached. The verification page is also dated Aug 30 2019 which is bizaree because it was filed much later.
18. How did you find out about this site?
I am currently on hard times due to a significant decrease in child support in 2018. I will be getting a significant increase again in early 2020. I need to buy time as in 3 monthsI can settle this in lump sum (and hopefully for a lesser rate).