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So bank of america sent me....


sacs15
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Original post by: sacs15

some statements for an account they are suing me for. is this all they need to prove the debt was mine? or is more evidence needed? thanks.

Going back to your original question...If the account statements have your name and account number, and the total on the last statement is the amount the summons is demanding, then bofa has established, at this point, that you owe this much. It is up to you to discredit this info.

If you have a check, for example, written to bofa which shows some sort of payment, you could argue that the amount, or possibly that the entire account, has already been paid - that bofa simply made an accounting error.

I am only speculating because I don't know what you might have to support your defense. What do you think you have?

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Here is another link wich may be helpful.

http://creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml

From a quick reading, you may be able to dispute some descrepancy with bofa. In the meantime you could ask for a continuance from the Court. One continuance is usually granted for even the simplest reason. If you send a copy of your letter of dispute to the Court I don't see any problem with getting a 60 to 90 day extension. Judges generally like to see things settled out of court anyway.

If you don't find anything to help you at this link, jump around a little. Sooner or later you'll find something even if it is a settlement letter to bofa. They have those somewhere.

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Settlement is the eaiest. You could write bofa and give them an offer of 50%. Fighting them depends upon your unique situation. If the oc has the statements to prove the Debt is bona fide, you my have a long road ahead of you.

If your court date is close at hand, ask for a continuance. Then research and ask questions. There are lots of guidelines which could have been broken. If you can present a good case to the Court you could have this claim dismissed or your Counterclaims may be for more money than the claim itself thus possibly forcing the oc to withdraw his claim.

It seems that you would like to fight or you wouldn't be here asking questions.

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