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subbrz

Sued by BOFA - details inside - Initially secured card into unsecured.

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I just got served on Saturday - for a BOFA credit card with $30,000 charge-off.

As far as I remember, I got this credit card as a "secured credit card" by putting a $500 deposit to use, back in 2008. I can't remember clearly but I believe I applied for it at a bank branch - since you have to put in deposit - Not sure if I signed anything or not, it's been years.

After 10 months or so, they refunded my deposit and turned this card into unsecured card. Fast forward years, my limit kept increasing and eventually it was $27.5K.

I defaulted, it got charged off with $30K and now the lawsuit.

Any opinions on how to approach this would be great!

 

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1. Plaintiff is wholly-owned subsidiary of Bank of America Corporation and the successor in interest to FIA Card services, formarly known as MBNA America Bank, NA. FIA was merged into and under the charter and title of Plaintiff effective October 1,2014.

2. Defendant is an adult individual residing in this county

3. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the Account). Defendant used or authorized the use of the account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (Agreement) governing use of the account with plaintiff.
 

4. Defendant breached the agreement by failing to make periodic payments as required thereby and the account was subsequently charged off. The entire balance on the account is owed to Plaintiff and is presently due and payable in full.

5. The current Account balance is $30K, which includes any applicable payments and credits. The account is not accruing post charge-off interest.

6. In accordance with federal regulations, monthly periodic statements for the account have been provided to the defendant. Attached hereto and incorporated herein as Exhibit A, is a copy of the last periodic statement provided to defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the account.

7. Defendant's last payment on the account was made on November 18, 2014.

 

I certify that the matter in contraversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated and no other parties should be joined in this action in accordance with Rule 4:5-1 (b) (2).

 

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1. Who is the named plaintiff in the suit?   

Bank of America NA

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

Law offices of Frederic I. Weinberg and Associates

3. How much are you being sued for?
~ $30,000

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

Bank of America

 

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

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

In person, by the Sheriff

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
No correspondance

 

9. What state and county do you live in?
Bergen County, NJ

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11/2014

 

11. What is the SOL on the debt? To find out: 
6 yrs

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  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).
Suit served on Saturday.

 

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? 

35 Days

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


Only copy of 1 credit card statement.

 

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9 minutes ago, subbrz said:

I defaulted, it got charged off with $30K and now the lawsuit.

Whether is was secured when you opened it doesn't matter.  What DOES matter now is the balance when you defaulted which is staggering.

Settle this or get a lawyer.  That is a LOT of money and BoA is an aggressive litigator especially for amounts like that.  The majority of the defenses you will read about on sites like this are not available to you as you are being sued by the original creditor.  Add to that this it is well within the SOL for suit and will not be in Small Claims but in State Court given that amount and they will follow ALL the Rules of Civil Procedure unlike Small Claims which is more informal and friendlier to pro-se defendants.

You can get a free consult from a NACA Attorney to discuss your options which may or may not include BK given that amount of that debt and anything else you owe.

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