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Found 14 results

  1. hi! New here and trying to figure out what to do. would love input of this amazing group of people! I have an attorney but not sure am getting the best advice. Trial set for two weeks away. B of A suing through Nelson & Kennard. I've been told that since a law passed in 2014 requiring junk debt collectors to have more documentation to get their money, that card companies can no longer sell their debt as easily and so they are holding on to the debt and going after it more aggressively with firms like Nelson & Kennard. They produced statements and as well have an affadavit from Melissa K. Stephenson -- who looks to be a person who signs a LOT of affadavits. I do not want to go to trial. Kennard himself said because it is B of A and not a debt collector that they have to take a harder line. Any ideas of things to do at this point? My attorney said they would subpoena her.
  2. The link below leads to an amazing but incredibly sad story about a family's fight with their lender, Bank of America. They ultimately prevail but at serious cost to their health and well-being. The court's opinion is long, because it contains a very thorough recitation of facts. Facts that sadly, I have heard many times before. In case you need motivation to read it, here is the first paragraph: “Franz Kafka lives. This automatic stay violation case reveals that he works at Bank of America.” http://www.leagle.com/decision/In%20BCO%2020170324943/SUNDQUIST%20v.%20BANK%20OF%20AMERICA,%20N.A.
  3. I just received a letter from Suttell, Hammer, and White. It reads: Re: Creditor: Bank of America, N.A. Consumer: (Me) Balance Owed: (dollar ammount) Previous Acct. # xxxxxxxxxxxxxxxx Account # xxxxxxxxxxxxxxxxxxx SHW Reference no. xxxxxxxxxx Bank of America, N.A. has referred the above account to our offices for collection. if you fail to dispute the debt or any portion thereof within 30 day after your receipt of this letter we will assume the debt is valid. if you notify this office in writing within 30 days after your receipt of this letter that the debt or any portion thereof is disputed, our offices will obtain verification of the debt or a copy of a judgment, if any, and mail such verification or judgment to you. Upon your written request within the same 30 day period stated above, we will provide you the name and address of the original creditor if different from the current creditor. This communication is from a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. Please contact our offices if you have any issues and/or comments. Sincerely, Suttell, Hammer & White I am looking for advice on how to proceed with this. I do not have the funds to take care of this. Do I need to dispute this? Thank you.
  4. From NYTimes 5-8-15: Bank of America and Chase will delete lines from CR after bankruptcy filings, which they should have been doing anyway. Link below. But also from the article: Bank of America promised to go further, agreeing to fundamentally change the way the bank reports all the stale debts that are sold to financial firms. For all credit-card debts sold since May 2007, court records show, the bank will remove any marks on consumers’ credit reports. That way, a lawyer said, “should a previously sold credit card account go through a bankruptcy discharge,” the mark will already be gone. This says they will delete anything after May 2007 that was sold to a junk debt buyer. I am going to be monitoring my reports to see how this plays out - I have an OC line with them for which the JDB line was deleted after I sued. http://www.nytimes.com/2015/05/08/business/dealbook/bank-of-america-and-jpmorgan-chase-agree-to-erase-debts-from-credit-reports-after-bankruptcies.html?emc=edit_th_20150508&nl=todaysheadlines&nlid=43571867&_r=0
  5. Hello everyone, Can someone please advise me on what I should do. Thanks Rob scan.pdf
  6. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman law office 3. How much are you being sued for? 7k 4. Who is the original creditor? (if not the Plaintiff) BofA 5. How do you know you are being sued? (You were served, right?) yes, served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Only stillman saying that BofA may invoke its right to sue you - I called stillman to talk about it - i said I could pay later after my disability cleared - they sued anyways 9. What state and county do you live in? MI, Wayne county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 SoL is not applicable 11. What is the SOL on the debt? To find out: 6yrs Statute of Limitations on Debts 12. 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). suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. 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? Did not receive a questionnaire. 1. That the defendant herein is indebted to the plaintiff upon open account or pursuant to contract, and defendant accepted same. 2. Plaintiff has completed performance and defendant agreed to pay the account, copy attached. 3. There is presently due and owning, over and above all legal counter claims, the sum of $6917.91 4. Plaintiff requests judgement for $6917.91 plus court costs. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached is a form from BofA simply stating my name, account number, amount owed, and the last interest charge. Is this worth it to fight since its BoA directly not a JDB? I have just been cleared for disability (is that any kind of defense?) - i was in a bad car accident and that's why I couldn't pay it...I called stillman and told him i could pay after i got cleared for disability and he sued anyways. Very scared I dont know what to do!!!
  7. Bank of America is being forced to hand over more than $1 million to a Florida couple after the bank flooded them with hundreds of loan collection calls for years – the latest example of alleged behavior that has cost the bank tens of millions. Full story: http://abcnews.go.com/US/couple-wins-1m-suit-major-bank-outrageous-robocall/story?id=27542208
  8. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement was made with Delaware with the choice of court, and their SOL is only 3 years, as opposed to the 6 year SOL in Oregon.
  9. Here is my cautionary tale. I was served with a summons from a Bank of America card with an almost $4,000 balance, with FIA Card Services as the company requesting the funds. Law firm representing FIA - Hanna and associates. Case went to trial, and the judge ruled for the plaintiff. My lawyer made objections to the hearsay evidence presented at trial regarding record keeping, but was denied. Plaintiffs brought a witness from FIA, and had a copy of my signed credit card application from 1998. I just don't even think I can win on appeal. Good luck out there.
  10. Does anyone know for sure(personal experience) whether or not Bank of America reports authorized users to the credit bureaus? I get a differnet answer from everyone. Including the reps at Bank of America. I've gotten three different answers from them. 1. Yes 2. Only if you're a spouse. 3. No, in any circumstances. Conflicting info on the boards as well. Any of you AU on a loved one's BofA? Is the account on your credit report? Thanks.
  11. In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me. I received a Request for Admissions about two weeks ago. The Certificate of Service is dated December 27, 2013. As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10. Once again, I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS TO DEFENDANT(S) The defendant, Hoosier46060, is requested to admit the truth of each of the statements or facts hereinafter stated, or that each of the documents attached hereto, an as marked, are genuine. A. This request is made in pursuant to Rule 36 of the Indiana Rules of Trial Procedure and each of the matters of which admission is requested shall be deemed admitted, after the expiration of thirty (30) days, unless your statement in compliance with such rule is timely made. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. B. Your signed, written answers must be served upon the undersigned attorney of record for plaintiff within thirty (30) days after delivery proof. C. If you fail or refuse to admit the truth of any such statement of fact and the plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney’s fees. D. If, in response to any of the following statements, it is your position that the statement is true in part or as to some items but not true in full or as to all items, then answer separately as to each part or item. ADMISSIONS 1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff has not proven the account is owed by Defendant. Defendant has denied liability for the account. 2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows: a. Bank of America statement, account ending in 9554, Payment Due Date: 09/04/10, 3 pages b. Bank of America statement, account ending in 9554, Payment Due Date: 12/4/10, 3 pages c. Credit Card Agreement, 44 pages RESPONSE: DENIED. 4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. -or- On the grounds that after reasonable inquiry the information known or readily obtainable is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same 9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013. RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improper. Defendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. Respectfully submitted, INDIANA LAW FIRM Signed by Attorney for Plaintiff 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: 1. Bank of America Statement dated July 9 – August 6, 2010 (3 pages) 2. Bank of America Statement dated October 7 – November 5, 2010 (3 pages) 3. Credit Card Agreement (44 pages)
  12. A California man faces jail for writing anti-big bank messages in water soluble chalk on the sidewalk outside of Bank of America branches on National Bank Transfer Day. The messages included such incendiary statements as "Stop big banks," and "Stop Bank Blight.com." The Judge decided to prohibit the accused man's attorney from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial." See: http://www.huffingtonpost.com/2013/06/25/jeff-olson-california-banks_n_3499177.html
  13. Hi guys, so I opened a CC when I was 18 (2008) for some reason they gave me a huge limit I was careless and now I am being sued. I did a lot of research in the forum and think I still might have a chance, but this is where I ask you guys who have way more experience in this then I do. I noticed that I should have sent a "DV letter" to the lawyer however I never received anything before the summons, I def. would have sent it and sent the case right into arbitration but now I have 20 days to respond to the complaint and provide my answers and it's too late to ask for a "DV Letter" I know that in MA the SOL is 6 years and I also know that Bank of America is a DE based company and the SOL in that state is 3 years. I was doing some reading and I think I can fight this case through arbitration, under the grounds that adopting DE law is more suited for this particular case because the credit line, interest rate, etc...is calculated under Delaware law. PLEASE correct me if I am wrong. My main question is... Since I have already been issued a summons, hand delivered to my house, and the law suit has technically been filed (or so I think it has) Is there any way I can put the case on hold and go right into arbitration? The case is brand new and I only received the summons yesterday. I did a lot of searching and came across a few copies of BOA's credit card agreements (if any of you need these agreements please let me know!!) -2003: JAMS -2006: NAF -2008: NAF I also know that NAF no longer handles credit care arbitration cases and they are usually more inclined to take sides with the plaintiff. So obviously I would try to go through JAMS. ****Question Template**** 1. Who is the named plaintiff in the suit? -Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A, 2. What is the name of the law firm handling the suit? -The Law Offices of Goldberg & Oriel (Framingham, MA) 3. How much are you being sued for? -Total $8,706.94 - Principle $4,664.16 + Int. $4,042.78 -Statutory Interest - (12% per annum from May 23, 2012 on or before which date demanded for payment was duly made) -costs and attorney’s fees 4. Who is the original creditor? (if not the Plaintiff) -Bank of America / FIA Card Services 5. How do you know you are being sued? (You were served, right?) -Received summons 6. How were you served? (Mail, In person, Notice on door) -Mail 7. Was the service legal as required by your state? -Yes, was dropped off at my home 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -Was aware of the debt, was not aware of the law suit/summons 9. What state and county do you live in? -Massachusetts, Essex County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -On or about November 29, 2008 Bank of America charged-off the balance due under the Agreement. 11. What is the SOL on the debt? -Massachusetts - 6 years -Delaware - 3 years 12.What is the status of your case? Suit served? Motions filed? -Received summons yesterday (Aug. 1, 2012)…Suit served? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. -No, I had no idea I was being summoned 15. 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? -20 Days (August 21, 2012) INTRODUCTORY STATEMENT The Plaintiff seeks certain damages from the Defendant for Breach of Cardholder Agreement. THE PARTIES 1. The Plaintiff, CAVALRY SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A., is a limited liability company duly organized by law having a usual place of business in Hawthorne, NY. 2. The Defandant, “Peanut835”, is an individual having a usual place of residence at “name of street” “name of city”, Essex County, MA COUNT I (For Breach of Cardholder Agreement) 3. The Plaintiff re-avers, re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1-2 above with the same full force and effect as if expressly set forth herein. 4. On or about June 25, 2007, the Defendant entered into, executed and delivered to Bank of America / FIA Card Services, N.A. (“BOA”) a Cardholder agreement (“Agreement”) wherein BOA provided the Defendant with a credit card account (numbered XXXX-XXXX-XXXX-XXXX) and wherein the Defendant agreed to pay BOA and/or its assigns all balances due thereunder. 5. Thereafter, the Defendant defaulted on the agreement by failing, refusing or neglecting to fully pay all balances as and when due thereafter. 6. On or about November 29, 2008, BOA charged-off the balance due under the Agreement. 7. On or about October 25, 2011, BOA assigned all of its right, title and interest in and to the Agreement to the Plaintiff. 8. Thereafter, the Defendant failed, refused or neglected to pay the Plaintiff pursuant to the Agreement despite the Plaintiff’s demands for payment. 9. The principal balance due under the “Agreement” is $4,664,16 and interest has accrued thereon pursuant to the terms of the Agreement in the sum of $4,04278 10. The Defendant thus owes the Plaintiff the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012 on or before which date demand for payment was duly made, costs and attorney’s fees. WHEREFORE, the plaintiff demands Judgment against the Defendant in the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012, on or before which date demand for payment was duly made, costs and attorney’s fees and the entry of such further relief as this Honorable Court should deem just and proper. 16. What evidence did they send with the summons? -Complaint Letter -“Statement of damages” listing: -Contract claim -Plaintiff and defendant name / address -amount of contract claim Thanks in advanced to all who contribute...I will be checking this thread frequently and will respond in a fairly quick time so all your questions/comments will be answered and appreciated
  14. Hi, This is my first time posting. My husband and I are in extreme financial hardship. He's been out of work for over a year now. However, we are current on our mortgage and I am current on all of MY credit cards and a personal loan except one (min payments only). Sallie Mae student loan is being deferred due to financial hardship. Bank of America is the only debtor that I am severely late on. My minimum payment jumped to $1000 a month back in March 2010 and I could no long afford to pay it. The mortgage had to come first. The total BOA credit card debt is $39,000. This is a Sallie Mae credit card that I had with MBNA. When MBNA and BOA merged they consolidated my credit lines. This is debt that I do acknowledge I owe, but under the current circumstances I cannot afford to pay. FIA Card Services took over the credit card and I explained to them our situation. So, now FIA Card Services (via Glassner and Glassner Attorneys at law) are filing a warrant in debt against me for $39,000. I don't know what do it since my husband is still unemployed. My husband is seriously delinquent on his credit cards, and I really don't want to, but we are considering bankruptcy only because of the BOA credit card. Please advise. Is it time for me to get an attorney? Thanks!