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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.
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 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
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!