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BOA CC lawsuit advice


buckiB
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URGENT ... was notified Friday by an solicitation letter from an attorney of a lawsuit filed by BOA on a defaulted CC ... MUST reply MONDAY ... Please help with reply!

1- This account is in my husbands name and we separated 18 months ago. I'm in Fairfield county, but he is in Franklin. Summons Complaint was filed in Fairfield County. There is no proof

of the debt attached as in a signed agreement, etc ? ..... Any options you can offer GREATLY appreciated !

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit? BANK OF AMERICA

2. What is the name of the law firm handling the suit.  LEVY & ASSOCIATES, LLC

3. How much are you being sued for? $9057.00

4. Who is the original creditor? BANK OF AMERICA

5. How do you know you are being sued?  ATTORNEY SOLICITATION LETTER, NOT SERVED CERTIFIED MAIL

6. How were you served?  NO SERVICE ???

7. Was the service legal as required by your state?  NOT SURE. COMPLAINT DOES SAY IF NOT SERVED CERTIFIED BY POSTAL, TO SUBMIT ORDINARY MAIL ???? NEVER GOT IT THOUGH

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? NONE

9. What state and county do you live in? OHIO, FRANKLIN

10. When is the last time you paid on this account? Approx  Jan, 2015

11. What is the SOL on the debt? To find out: I believe 6 YEARS

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? COMPLAINT FILED BY PLANTIFF - WE MUST REPLY ?????

13. Have you disputed the debt with the credit bureaus NO. First we knew of this agency

14. Did you request debt validation before the suit was filed? NO

15. How long do you have to respond to the suit? (This should be in your paperwork). WE HAD 28 DAYS. TO ANSWER COMPLAINT

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? COMPLAINT SIGNED BY ATTORNEY, COPY OF A JAN, 2016 BOA CC STATEMENT.

 

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1 hour ago, buckiB said:

1- This account is in my husbands name and we separated 18 months ago. I'm in Fairfield county, but he is in Franklin. Summons Complaint was filed in Fairfield County. There is no proof

of the debt attached as in a signed agreement, etc ?

Are you 1000% certain they did not serve your husband?  If they did and he didn't respond you are going to need a lawyer to defend yourself as an innocent spouse in this matter especially if you are not on the account at all and they are suing you under community property laws.

As for attaching proof if your state does not require it to be with the complaint then it is legal and you would have to get the proof as part of discovery.

2 hours ago, buckiB said:

5. How do you know you are being sued?  ATTORNEY SOLICITATION LETTER,

It is also entirely possible they have not served either of you YET.  You need to call the court and find out if service was performed.

You need to get on this ASAP.  This is a lawsuit by an original creditor in a VERY creditor friendly state with an extremely long SOL on judgments.  BoA is aggressive in pursuing their suits too.  I would get a consult with a consumer attorney ASAP.

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The complaint in only listed in his name.  - They didn't include me on the filing.  It is addressed to him, at my address (different county than where he is) - with his parents.

He has not been served, anywhere, certified or otherwise. We only knew because of a Attorney offering services sent a letter about the filing.

The last page states :

 

INSTRUCTIONS TO CLERK FOR SERVICE OF SUMMONS BY ORDINARY MAIL IF CERTIFIED MAIL IS RETURNED MARKED UNCLAIMED.

IF SERVICE OF PROCESS BY CERTIFIED MAIL IS RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT OF "REFUSED" OR "UMCLAIMED", THE UNDERSIGNED

WAIVES NOTICE OF THE FAILURE OF SERVICE BY THE CLERK AND REQUESTS ORDINARY MAIL SERVICE IN ACCORDANCE WITH CIVIL RULE 4.6 (C) OR (D) AND O.R.C. 1923.06.

SIGNED, BY THE ATTORNEY OF RECORD.

There was no proof of the debt attached, except a statement from January, 2016. NOt sure if it matters, but originated as an MBNA, then FIA card services, then BOA. I need to reply to the summons tomorrow. How should we reply to help buy time to consult ?

 

 

 

 

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4 hours ago, buckiB said:

NOt sure if it matters, but originated as an MBNA, then FIA card services, then BOA.

No.  MBNA is FIA card services/BOA.  This is an original creditor lawsuit.  

4 hours ago, buckiB said:

I need to reply to the summons tomorrow.

WHY do you think you need to reply to it by tomorrow?

 

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The filing was on 9/19 - clerks office says start date is the 9/20. They advised that we have 28 days to respond.

Don't want to allow a default judgement. From what I've been reading it looks like its hard to get original creditor suit dismissed, so how do we reply ?  To arbitrate ? Or to settle?

Thinking further ...
Last year we had a suit dismissed with PRA - for wrong venue. And we have 3 chase accounts we haven't addressed, they are with collections (been sold to several different agencies).  I don't think chase will pursue, but PRA or anyone else, plus this BOA card ... I don't want to worry about future suits .... how is best to absolve all of this ???

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Okay ...

Just spoke with Clerks office ... she stated there has been no POS. They will need to issue it ordinary mail. And once that happens, we have 28 days from that day to respond? She stated that the certified mail has yet to be returned from the Post Office.

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2 hours ago, buckiB said:

I don't think chase will pursue, but PRA or anyone else, plus this BOA card ... I don't want to worry about future suits .... how is best to absolve all of this ???

If you have that much debt then a consultation with a BK attorney is probably in order to discuss all your options.  Short of settling or BK there is no other way to not worry about future suits if you play the waiting game.

2 hours ago, buckiB said:

Just spoke with Clerks office ... she stated there has been no POS. They will need to issue it ordinary mail. And once that happens, we have 28 days from that day to respond? She stated that the certified mail has yet to be returned from the Post Office.

The certified mail has to be returned to them as unclaimed or refused before they can use the regular mail service under OH law.  I would keep an eye on the online docket for when that happens and in the mean time be crafting a response to that suit and getting a free consult with a consumer and/or BK attorney.

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