Southie

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About Southie

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  1. I won a small claims lawsuit a year ago in Massachusetts where the Plaintiff filing the suit waives all right to appeal if they lose the case. The plaintiff, BOA, which owns the account and used an attny to file the case and is still reporting the debt current, but only as that the "consumer has disputed the account." Any suggestions for this situation in MA in which the case can't be tried again? I've read other states it is a different situation. I'd like to have the lawyers write a settlement statement or satisfied in full kind of statement, but don't know how to coerce them into complying.
  2. I was sued on what was called a FIA Card Sevices, N.A. account. I've never owned a Bank of America account/card, so FIA has assumed this account in some way from another credit card issuer/large bank. I've never opened a Bank of America credit card as the original creditor so can only assume that FIA also has some purchased banks cards or has acquired another bank along the way of the alleged default account I was sued on. I hope that clarifies?
  3. FIA Card Services also holds purchased credit card accounts as well.
  4. Guys it went well- case dismissed! I got a lot of thumbs up and smiles from other folks in the courtroom as I was leaving. It was a trial, and can you believe the plaintiffs attny had nothing to show me? Nada. And he had the nerve to approach me ahead of time to discuss settlement. Yuck!!! Out of state law firm so they couldnt be bothered to actually send some supporting evidence. What a waste of the courts time. I asked the plaintiffs atty (a local rent a lawyer) if plaintiff had some documents to show me to sue me in court and this dope of a lawyer had nothing for me. And it was a trial! For
  5. Well they claim they are representing the OC but they have made a misrepresentation (or flat out lie!) Plaintiff is a law firm in New York, Solomon and Solomon, hiring a local attorney to show up on court date. I'd like to learn if they can be penalized for lying on the Statement of Claim.
  6. FIA Card Services is named as the Original Creditor according to the Plaintiff's lawyer, and the account number's last few digits are not an account I've paid on. Reading other posts, I've learned that account numbers can change when a new company purchases credit card accounts. So I have a little information to go in with- that the Plaintiff is not the OC.
  7. No proof at all has been sent to me- just a Statement of Small Claim and Notice of Trial that is mailed through the Court to the Defendant... so no Discovery before the Trial. (!!) No Complaint as well which is confusing. It mentions a last payment amount made on an account with the last few digits of the alleged account. Information on FIA Card Services, N.A. is what I'm trying to gather... Regarding Discovery "No discovery shall be allowed except upon good cause shown."...
  8. Any suggested strategies in preparing for Trial in small claims where no discovery is allowed (a claim under $7000 in MA). Plaintiff's attorney represents FIA Card Services who is named as the Original Creditor. I could motion the case to be transferred to the normal civil docket where all discovery and answers are allowed. Considering arbitration if it is the OC, however I am just reading into the advantages and disadvantages of this strategy. Any advice on dealing with FIA Card Services, and going into Small Claims, and preparing for a potential Original Creditor, especially when I have such
  9. Happy Halloween to all the ghouls and ghosts out there this evening... Guys I have been pursued by Colorado Capital Investments & the Schreiber Law Firm of NH for the last year. Case is at Boston Municipal Court, in Massachusetts. In brief, Plaintiff submitted their first case last September 2009, and it was subsequently dismissed at Case Management Conference in February of this year 2010 after Plaintiff's lawyer failed to appear. (Actually never have seen anyone from the firms office). June of this year 2010, Attny for Plaintiff re files new Complaint, new summons issued, new docket numb
  10. Thanks for that- I thought I read an Admin advising to weave that into an affirmative defense...my mistake!
  11. Can anyone come up with an articulate way to write an Affirmative Defense stating that Plaintiff's Affidavit of Indebtedness is hearsay? I read Massive's comment on this post which sounds pretty close: Original Creditor's affidavit is inadmissible due to no foundation. No complete, authenticated records provided to make the statements in the affidavit admissible. Im getting hung up on just how to say this succintly and as though I understand what I'm saying...
  12. Are Motion to Strike, and Motion in Limine the same idea and end result, to strike documentation that would be hearsay and insufficient? I'm in Boston, and my court rules don't mention Motion in Limine....they do mention Motion to Strike..... Thanks in advance....
  13. You've found a great site- just keep using the "search" tool for "original creditor" and other keywords pertinent to your case, you'll learn a lot. I'm being sued by a JDB, but in a thread where I had a question, a helpful contributor here named "Massive" wrote: Another reason why you don't just lay down when sued by an "original creditor" is they need to prove they own the alleged debt if you demand they produce proof, also demand proof of any write offs and bad debt insurance they have collected. They don't like that. lol I have another quote I saved from "Massive" on the topic of the Origi
  14. Thank you Saint Al, Lots to read here, and so many good directions to take. Thank you, and thank you to everyone who contributes!
  15. Jenny it seems like the idea is to get the statements, however they are presented, thrown out by filing a motion to strike... I'm figuring out this next step as well....the wording and presentation... KentWA wrote in another thread which I thought was brilliant ..I hope it is ok to quote someone's previous quote, but I love this one: KentWA wrote "The thing I see the most is people not taking the offensive. They file their answer, maybe some discovery and then wait for things to happen, almost expecting the judge to just see it their way. In the thread cited by OP you will notice that the pers