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[aguszymite]

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[Harry Seaward]

6 hours ago, aguszymite said:

No documents that I signed or what items were purchased.

Of course not. It's not required by any court anywhere to prove you owe a debt. 

6 hours ago, aguszymite said:

I just don't know how to phrase my response. 

The only thing you can say and still maintain a shred of credibility is "Plaintiff has provided more than enough evidence that this debt is mine."

6 hours ago, aguszymite said:

3. How much are you being sued for? 5,500

I'd be begging BoA to take $2,000 in settlement to avoid judgment, although at this point it may be too late and you may have to agree to the full amount in a stipulated judgment agreement. 

[Clydesmom]

15 hours ago, aguszymite said:

No documents that I signed or what items were purchased.

As Harry said no court requires they prove each and every item purchased  The signed charge slips only become relevant if identity theft is involved.  You only had 6 months to dispute the charges as wrong or fraudulent and after that expired the charges and amounts are considered valid and can no longer be challenged.  The worst thing they could produce with a signature would be the application for the account.  You certainly don't want that.

15 hours ago, aguszymite said:

They just sent 2 years worth of account statements and a boilerplate card agreement.

That is twice as much information an original creditor needs to prove their case.  See if you can get a settlement because your only chance of winning is if the Plaintiff doesn't show for court.

[aguszymite]

I don't think that any of you are familiar with the PA rules of civil procedure, as such your advice, while appreciated, is completely irrelevant to my case. If you are not familiar with PA law, please don't reply with some blanket nonsense that doesn't apply to me.

[Clydesmom]

1 hour ago, aguszymite said:

I don't think that any of you are familiar with the PA rules of civil procedure, as such your advice, while appreciated, is completely irrelevant to my case. If you are not familiar with PA law, please don't reply with some blanket nonsense that doesn't apply to me.

Feel free to hire a PA lawyer then.  We volunteer here and do the best that we can.  

You can disagree all you like but here are the basic facts of your situation that apply to all credit cases:

You are being sued by the original creditor.  Defenses you read about on sites like this are based on being sued by a junk debt buyer NOT the original creditor.

You were properly served and they filed within the SOL.

They have more than enough records to prove their case.  They do not need an affidavit to admit their own records as evidence.

They do not have to prove each and every charge.  

I find it fascinating you are criticizing our advice but you don't know how to even phrase a response to the court, you don't know the rules of civil procedure for your court, and you erroneously believe you have to submit another answer instead of motions or responses.

Let us know how your case works out.

[BV80]

@aguszymite

 Did you sign a contract?   No purchases were evident on 2 years worth of statements?

If you believe that the plaintiff must provide a signed contract and a complete accounting of the debt, what rule, statute, or precedential ruling by a PA court supports that belief?

In regard to a response to the amended complaint, we can’t offer suggestions since you didn’t cite the allegations in that complaint.

[Harry Seaward]

On 8/15/2018 at 7:20 AM, aguszymite said:

I don't think that any of you are familiar with the PA rules of civil procedure, as such your advice, while appreciated, is completely irrelevant to my case. If you are not familiar with PA law, please don't reply with some blanket nonsense that doesn't apply to me.

Best of luck to you then, and keep us informed how your case goes.