onelove

Help! I've been served.

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I'm struggling to understand the hesitation to file bankruptcy, especially when you have other debts that will likely come calling. 

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Because its my last resort.. not my first option. I will try to resolve first. Then go from there... bankruptcy once filed i cant go back.

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I am sending in my Answers this week. Does it have be in any type of form. Can i just write 1- Deny, 2- Deny, ....etc?

Also the summon was just left in the mail box in the building I live in, should I mention that I wasn't served properly?

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Still going with this.

We had 2 Case Management Conference. Tried to negotiate a settlement they didnt take accept it on both occasions. always send a different attorney.

We then had a pre-trial date, on that date they sent another attorney, who just asked the judge for a different date, 3 months out. The judge asked if we had started doing

discoveries etc, and told me that they can ask me questions, and I can ask them questions also, etc.

The next court date is coming. What should I inquire from them? Proof ?

Few months ago, they had sent me a big folder of statements and such.

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1 hour ago, onelove said:

What should I inquire from them? Proof ?

Few months ago, they had sent me a big folder of statements and such.

The big folder is the proof. 

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17 minutes ago, Harry Seaward said:

How is it not? The statements have your name and address on each one, right? 

Not enough... they still need to authenticate the statements.

Signed agreement?? where is it?

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Courts don't look for "signed" agreements because they never exist with credit card accounts. The agreement is you having used the card.

And BofA's witness will authenticate the records at trial. That's what trial is for.

Anyway, this is just silly now. Best of luck. 

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2 minutes ago, Harry Seaward said:

Courts don't look for "signed" agreements because they never exist with credit card accounts. The agreement is you having used the card.

And BofA's witness will authenticate the records at trial. That's what trial is for.

Anyway, this is just silly now. Best of luck. 

Thanks. will let you know of the outcome.

Pleople on here think they know it all.. Many cases had different outcomes them what was said on this board. (Just saying)

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Sure, but so far you haven't distinguished your case as being anything unique. Garden variety original creditor suing garden variety consumer with garden variety evidence.  It's not trying to be a "know it all". It's trying to keep you realistic about your odds so you can have a backup plan ready. I get the feeling you'd be irate if we all stood on the sidelines cheering you on to near certain defeat. I predict that you'll eventually find out we were right, and then understand why we said the things we did. 

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On 1/9/2020 at 11:53 AM, onelove said:

Thanks. will let you know of the outcome.

Pleople on here think they know it all.. Many cases had different outcomes them what was said on this board. (Just saying)

No one here is pretending to “know it all”.   

It is a fact that it is easier for OCs to prevail in court because of their access to records and ability to authenticate those records.  Yes, sometimes they are careless and do not meet a court’s standards.  

For you to stand a chance, you need to research your state court rulings to determine the courts’ standards for proving the stated cause(s) of action and record authentication.  Here is what the MA Supreme Court has ruled on business records.

Such records are "presumed to be reliable and therefore admissible because entries in these records are routinely made by those charged with the responsibility of making accurate entries and are relied on in the course of doing business." Wingate, supra.

You would have to cast doubt on the reliability of the records.  Can you do that?

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