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Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA... So any advice I could get would be completely appreciated. I have defended myself in court before pro se, so I'm comfortable with the process. I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good.
I am on currently on disability. I have a B of A credit card debt ($11K) that was charged off three years ago--before I had been awarded my disability. I have not heard anything from that creditor in over two years. Last week I received a summons/complaint from a law firm (Howard Lee Schiff) on behalf of the original creditor suing me for the debt. I live in RI -the case was filed in Superior Court. I thought the debt had gone to collection because I had received letters from collection agencies prior to and shortly after charge off- I just checked my credit report and it is not showing it as out for collection. I have other credit cards but I am current on those payments. I am not able to file bankruptcy at this time (my father died last year and will inherit a portion of the proceeds from the sale of his house-it has been on the market for 18 month with no interest-it wont be very much but more than the amount of the debt). I need to file my answer. I think there is a problem with the complaint that I can raise in my answer- The complaint does not include an account number. It says that there is an exhibit with a copy of my last statement as proof of the debt. There is no exhibit attached to my copy or the copy filed at court (I went to the clerk's office to check). The amount due matches the amount on my credit report. The account was opened in 1989. I am hoping to settle this and would be able to make a lump sum payment of $5.5 K-maybe $6K. I have read that it is best to file an answer before making a settlement offer. Does this sound do-able pro-se? Because there is no proof of debt included, I was thinking I would admit that I opened a Bof A account but Deny the other parts because they are vague. Any advice is greatly appreciated.
I tried to get a home loan back in 2012/13. When they pulled up my credit report, there was two accounts from BoA on there that I had no recollection of. I disputed those items on my credit report and they came back verified. A few months later, I was hit with a hold on my funds in my bank account... Fast forward a month and I find out that BoA had received a default judgement against me in court. I go to the court and request all the information regarding their complaint and proof of service. I find out that their "proof of service" was no proof at all. They served someone who wasn't at my address and in all honesty had no description of anyone I know or who would be related to me. I wind up filing a motion to vacate the judgement. I wrote the motion all by myself and served it to BoA's attorneys on file with the court. They respond to my motion but ultimately the judge rules in my favor and I get a chance to fight these guys in court. I go to my court date to fight the debt and we finally get our case number called up. I tell the judge the merit of my motion and that I dispute the debt and that I would like to call their process server as a witness to cross examine them as to who they served the complaint to. The plaintiff's attorney's said that the process server doesn't live in the state anymore and can't be called for questioning and then pleaded with the judge for an adjournment and the judge complied. So after we step down from being in front of the judge, the plaintiff's attorney begged me not to pursue this case in court anymore and they would release the lien on my bank account and have BoA removed the erroneous accounts off my credit. Push comes to shove and I stupidly believed these scumbags, so I sign a motion to dismiss without prejudice in order to have my funds released and I was hoping that they would follow through with removing those accounts from my credit. Instead, BoA decides to just start reporting these bullsh*t accounts now every month as a way to punish me for beating them in court. I emailed the CEO of BoA and asked them to help me resolve this matter without litigation and they said no way. Now I have no choice but to bring a FCRA suit against them and this is where I will need advice. This is what the account looks like as it is currently being reported on my credit... I need to know when does the countdown begin before this negative item falls off my credit report. According to the person I've been speaking with at BoA it is 7.5 year after the charge off date. According to how they are reporting it, it says it was a CO in April of 2011. How can that be correct? I also want to know what would be the best way to begin discovery before I even file my FCRA with the courts? I want all the records BoA has on these accounts so that I can review them for inaccuracies so I can nail them like the scumbags they are in court.
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!