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Help!!  I was served with a summons yesterday for a BOA cc debt and need to answer within 20 days. I plan to call the district court on Monday to see if there are any specific forms they have or do I just write my answers. I'm on SS disability and have no money for an attorney so I'm going to do this on my own. Are there any sample letters on the forum specific for MA.? I've seen a couple of sample letters but they're from people living in other states. Thanks!

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Each state does things a bit different. The link below is for your states Rules of Civil Procedure which will tell you how they require things be done.

http://www.lawlib.state.ma.us/source/mass/rules/civil/index.html

 

It is a bit confusing at first but the people here will help you figure it all out.

 

 

 

 

Start out by answering these questions while leaving out personal information and exact numbers. This way it makes it easier for others to help you.

 

Racecar's Questions

 

 

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

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?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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?


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Thanks! here's what what I have:  1. Plaintiff: FIA Card Services  2. Lustig,Glaser,and Wilson   3.$13,400  4. BOA  5. served  6. summons on my door  7. believe it is  8. written correspondence only-asked for DV in Feb. and they replied I had no right since they sent me letter in December  9. Massachusetts-Plymouth  10. Dec. 2011  11. SOL is 6 yrs in MA so they are within SOL  12.summons only-I'm calling court Monday morning 13. no  14. yes  15. 20 days-they sent no interrogatory- charges on complaint are 1.)plaintiff,fia card services is duly organized  corporation with its usual place of business at xxxxxx  2.) Defendant: me and my address  3.) defendant owes plaintiff sum of $13k for unpaid balance due for money loaned to defendant by plaintiff on a credit card account. WHEREFORE, plaintiff demands judgement against defendant in sum of 13k and costs of this action. 16. they sent a generic affidavit saying they are attornies for plaintiff and amt. due is believed to have been calculated by totalling all charges and debits to acct. the foregoing info is complete and accurate to best of his knowledge,etc.-no specific contracts but a statement of damages from plaintiff saying I owe sum of $13k for a cc account. there is no docket no. on documents but there is a civil action no.... My property is protected by MA homestead law and I have no other assets, My car is 14 yo and paid off if that even matters.                        

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http://www.courtreference.com/Courts-Online.php?court_records=Plymouth_Superior_Court&court=12655

 

http://www.lawlib.state.ma.us/source/mass/rules/civil/index.html  Read Rule 8 first then 12

 

 

This is your first step:

 

Write and file an answer. The "answer" is your written response to the claims made against you. You must file an answer with the court that issued the summons or citation. If you fail to answer, you could lose the case without ever having the opportunity to tell your side of the story. The summons or citation will provide you with information regarding where and when to file your answer.

Serve the other party with a copy of the answer. You have to serve the other party with a copy of your answer. Consult the rules to find out how. The clerk's or register's or recorder's office might also be able to answer questions you have. The Trial Court law libraries are a source of information as well. Refer to Appendix A.

 

If you want to make a general denial, follow rule 8. I have no idea what tour defense is going to be, but I will tell you, these are not easy to win. Recent accounts with an OC are tough, altho it can be done. They don't always have the records to back up the claim, unless the account is less that 5 years old. See if arbitration is specified in the oldest credit card agreement, sometimes that will scare them off.

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Be advised that clerks do not give legal advice. They cannot and will not tell you what procedure you should follow. They only give general information about paperwork filed, dates, etc. The worst thing you can do is get the clerk of the court working against you. Mine knows me by name now and we talk about baseball and the weather. I would never ask him for legal advice, not that I need any, but I wouldn't do it anyway.

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Indeed. the clerk will only tell you general things like if your answer can be handwritten etc. Do NOT expect them to help you with your answers - they will not! Remember - saying you have no $$ to pay is not a defense and opens you to a MSJ. If you are on permanent SSI and have no assets to garnish, you may feel that a judgment is OK. I don't know what MA laws are. In CO, judgments are 6-20 yrs and renewable. In other states, they may be shorted and not renewable.

It all depends on you. If you want to fight or not and weigh what you have to lose with the choice you make.

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The fact that your on SSI is to your benefit. Some how I would let them know that you have no money to garnish and hopefully no assets to attach. That for them to proceed in court, will cost them and they will gain nothing. Make sure THAT you only have your money going into an account that is not co-mingled with any other money or any one else's. If so, make sure it's in another account.

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Sk8gr8,

I am rowing the same canoe, the term is "judgement proof".  The SSA income is exempt but your assets may not be.

Plus after obtaining a judgement,the JDB can pull you into court every few months to have you testify regarding that exempt income.

You also need to apply for a fee waiver of court fees.

 

Lots of posters have said this and will tell you that you still need to fight this.

Not sure what the rules are in MA but in California, a judgement is good for ten years and can be renewed.

Don't be fooled, they want this judgement, it is an asset for them that can be sold.
I told the judge at my fee waiver hearing that my income was exempt.  She said to me "they are after the judgement,

it's good for 10 years".  So you can tell them your situation but be ready to fight if they don't dismiss.

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Sorry to hear  that beingchased. I know they want the judgement. In MA it's good for 20 yrs. and renewable. Not sure if you own a home but in MA you can apply for Homestead Protection which thankfully I did. If you do own a home look into Homestead exemptions in California. They can't lien property for unsecured debt,only secured debt like home equity loans. I know how you feel and I'm not looking forward to facing these people in court, but I will. I looked into legal aid and they were nice but unless the case is criminal they're backed up. Not much I can do but show up for court for a court date when one is scheduled.

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Sk8gr8, just take it all one step at a time, with the first step being:  ANSWER the complaint.  There are no 'special' forms to do this.  Just use the same formatting used in their complaint, or take a look at a handful of 'cases' on Google Scholar.  Of course, this is JUST for formatting purposes to see how and where the pertinent info is displayed.  PM me if you like and I'd be glad to email you a sample.

 

Beyond formatting, if you are really serious about this, read, research, and greatly consider the opinions of some of the brightest people in this forum.  I can't list them all, but you will quickly learn who they are. They won't do your job, but will help you do your job.  Matter of fact, imo, a couple of longtime 'heavyweights' have already responded; BV80 and BrunoTheJBDkiller  :notworthy:

 

Good luck!

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