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Not sure what to do...


1TNgirl
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12 hours ago, 1TNgirl said:

if they know that I know what I'm talking about, will they possibly back off?  I was thinking of sending them these requests:

They'll probably laugh and test you by not appearing at a hearing to wear you down while they state something to the Judge like excuse their absence due to Scrivener's error.  If you go sending all these requests, they'll also work it into an excuse that discovery has started and now you'll be answering questions and some like request for admissions can later sink you if you do not answer. You're also limited by how many questions you can ask so you don't want to waste them.

You haven't even been served yet. Did we say get with an attorney before doing anything? :)

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13 hours ago, 1TNgirl said:

It would seem to me, if they are not representing BofA, and they purchased the debt, they would not be able to produce these documents. 

If the law firm had purchased the debt, the firm would have to be named as the plaintiff because BofA would be out of the picture.   The fact that BofA is named as the plaintiff shows that the attorney is merely representing BofA just the same as if you were to hire an attorney.   That attorney would only represent you.  He would not be named as a party to the lawsuit.

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@CCRP626, I'm wondering if they will even show up, I am in a very small town of about 12,000. The closest major city is about an hour away. 

I was hoping to somehow keep from being served, if that's even possible.

I sent @TNConsumerLawyer a message on here, but he hasn't been on since May, so I am going to send him an email as well. 

 

Thank you for clearing that up, @BV80.

 

Thank you, @Harry Seaward, that's what I figured, but I'm just trying to figure out some way to get past this. 

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1 hour ago, 1TNgirl said:

I'm wondering if they will even show up, I am in a very small town of about 12,000. The closest major city is about an hour away. 

They might not in which case you need to vigorously argue for a dismissal with prejudice for wasting the court's time and resources as well as yours.

Another possibility (and far more likely) is that once you answer they simply contract it out to a local rent-a-lawyer.   One thing you want to watch out for is any attempt for them to file a motion to appear by telephone.  If they do you want to file an objection to that immediately.  If it isn't important enough for them to show up they should drop it and you are unfairly prejudiced by not being able to confront your accuser.

1 hour ago, 1TNgirl said:

I sent @TNConsumerLawyer a message on here, but he hasn't been on since May, so I am going to send him an email as well. 

CALL him.  Most of those "contact us" email boxes are not checked at all or at most once a month.

Barnette Law Offices
309 Hollow Tree Court
Nashville, TN 37221
615-585-2245

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@1TNgirl

  Jason Barnette  hasn't posted here in a while, but he is an excellent lawyer who can properly advise you.   He is very pleasant to deal with.   There is no charge or obligation for him to evaluate your case.  Contact him tomorrow through his website by phone and email.  He stays  very busy.  If he doesn't reply by Monday, contact him again.

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On 9/22/2016 at 10:56 PM, 1TNgirl said:

 

The fear/anticipation of receiving the summons is driving me crazy...    

@1TNgirl   What you are feeling is normal.  Everyone feels that way when being sued.   It is physically and mentally draining.   But you will get through it.   You are in good hands with Jason Barnette.  Do whatever he advises you to do, and whatever he charges, if he takes your case, will be well worth it because you are being sued for a lot of money  by an original creditor and that's not a good place to be.  But having an experienced lawyer like him to represent you is a lot better than going at it alone.    Keep us informed.  I am going to send you a PM.

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  • 2 weeks later...
1 hour ago, 1TNgirl said:

Should I contact him again, or wait?  

Give a courtesy call to ensure he got the email and ask if there is anything else you need to be doing.  Once a week follow up is not too much.

Knowing how busy everyone is these days when I hire a lawyer I always ask "when should I follow up with you if I haven't heard anything" this gives them the opportunity to give me a time frame so I don't worry unnecessarily and I know when to make the call to check in without being disruptive to other business.

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13 hours ago, 1TNgirl said:

Hi everyone,

I sent @TNConsumerLawyer an email and he requested I send him copies of the affidavit, which I did on 9/22. I haven't heard anything back, yet. Should I contact him again, or wait?  

@1TNgirl

Yes.  Contact him again.  He stays VERY BUSY.  He doesn't just do consumer law; he has a general law practice as well.  I remember him telling me that after someone on this board hadn' t heard back from him.    Most good lawyers are very busy  and even when you actually hire one, sometimes even then you have just have to keep calling them for one reason or another.   I know I have done that.

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