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db12

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    Massachusetts

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  1. I live in Massachusetts and I received in the mail a collections notice from a collection agency called NCO financial. They are trying to collect $2,000.00 from a default judgement obtained against me by American Express back in 2008, from a credit card. I pulled my credit report for the fist time and found that this Default is being reported by two of the of the three credit reporting agencies. I then went to the courts and obtained a copy of the judgement. I was served with notice of the hearing at an address I wasn't living at, but i'm afraid i can't prove i wasn't living there because I was in fact homeless at the time. I would like to know the best course for getting the judgement vacated ASAP. Should I reach out to AMEX directly and see if they will cut me a deal and remove the judgement? Or should I deal with this collection agency that has contacted me? Third option would be to try to get it vacated in court, but i'm not sure i would win in court if the hearing were to be done all over again.
  2. So, I finally won this case in court. This case was dimissed with prejudice this morning. They never even showed up. Does anyone know how i can get this collection removed from my credit report?
  3. Does anyone know of a helpful online aid that would help me in creating an effective motion to dismiss with prejudice to file with the court?
  4. Thanks for all the responses. I just have a few more questions, as this process is extremely confusing to me and I'm not a very bright person when it comes to this stuff so please bear with me. Since its already been over 40 days with no response to any of my discovery requests including admission, would it be smart to send the meet and confer letter giving them an extra ten days? And after the ten days do i just file a motion to dismiss? Do i need to file a motion to compel before i motion to dismiss?
  5. to date solomon has not answered any of my requests for admissions, production of documents or interrogatories, and it has been over 40 days. I was just preparing my motion to dismiss. And then today i received a letter in the mail from solomon that included a Stipulation of Dismissal that they asked me to sign and return back to them so that they can file it with the court. The dismissal says it is stipulated that all claims brought, to wich could have been brought are dismissed without prejudice and without cost. So is that it? should i just sign it and send it back? Is it finally over?
  6. Just looked at the complaint, no account number was referenced on the original complaint.
  7. REQUEST 1 You applied to Bank of America for a Credit Card. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny. REQUEST 2 You received a Credit Card from Bank of America. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 3 You had a Bank of America Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 4 Credit Card account numbered 111111111111111 was issued to you by Bank of America. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 5 You used Bank of America Credit Card account numbered 1111111111111111 to make purchases of goods and/or services. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 6 You used Credit Card account numbered 111111111111111 to obtain cash advances. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 7 You transferred balances from other Credit Card accounts to your Bank of America Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 8 You received periodic account statements with respect to your Bank of America Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 9 You received monthly account statements with respect to your Bank of America Credit Card account numbered 1111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 10 You received periodic account statements from Bank of America with respect to Credit Card account numbered 11111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 11 You received monthly account statements from Bank of America with respect to Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 12 You made payments with respect to Credit Card account numbered 1111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 13 You made payments to Bank of America with respect to Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 14 You received a copy of the credit card agreement with respect to Credit Card account numbered 111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 15 You received a copy of the credit card terms and conditions with respect to Credit Card account numbered 1111111111111111. Response: I have made reasonable inquiry and the information known or readily available to me is insufficient for me to admit or deny REQUEST 16 You were required to make at least the minimum payment amount as shown due on the periodic account statements you received regarding your Credit Card account numbered 111111111111111. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 17 You failed to make at least some of the minimum periodic payments regarding your Credit Card account numbered 111111111111111. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 18 You defaulted with respect to your payment obligations relating to your Credit Card account numbered 11111111111111. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 19 You did not authorize any other person to make charges, obtain cash advances and/or transfer account balances from other credit cards with respect to your Credit Card account numbered 111111111111111. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 20 No person other than you used your Credit Card account numbered 111111111111111 to make charges, obtain cash advances and/or transfer account balances from another credit card. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 21 You have not disputed the validity of any charges for goods or services made, cash advances obtained and/or other credit card balances transferred to your Credit Card numbered 111111111111111. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 22 As of September 14, 2010, the balance due on your Bank of America Credit Card account numbered 111111111111111 was $5000. Response: I object since I do not know if I had this account or any obligation on this account. REQUEST 23 You owe the Plaintiff the sum $5000 with respect to your Bank of America Credit Card account numbered 111111111111111. Response: DENIED.
  8. I received a phone call today from a lawyer from Solomon and Solomon. He said he is going to file a motion to compel because my answers to the Admission and production of documents were insufficient. He then asked me to supplement my answers over the phone. I told him just to file the motion. He said he will not answer my request for documents until after the motion to compel is heard in court. Is there anything i can do to prepare for a motion to compel?
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