amonnoatak Posted March 4, 2019 Report Share Posted March 4, 2019 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Scott and Associates 3. How much are you being sued for? $8,xxx.xx 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 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I think so? 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? WILLIAMSON COUNTY, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2007 12. What is the SOL on the debt? To find out: Four years. 13. What is the status of your case? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Until March 8th 17. What evidence did they send with the summons? No. Served with Original Petition 18. How did you find out about this site? Internet search. I made the mistake of reading the ToughNickel article before finding this website (literally found this today). I was planning on filing my General Denial this afternoon and was going to follow the ToughNickel article's formatting. Glad I did more reading and discovered this forum! I'm really new to all of this and admittedly trying not to freak out. I just need to know if a General Denial is acceptable for now (and then wait for their response before doing anything else) or if I need to file anything related to Discovery, etc. I've attached a copy of what they served me. Also, is there a link to a General Denial form for Texas? Thanks! Quote Link to comment Share on other sites More sharing options...
nobk4me Posted March 4, 2019 Report Share Posted March 4, 2019 Calling @texasrocker Quote Link to comment Share on other sites More sharing options...
texasrocker Posted March 5, 2019 Report Share Posted March 5, 2019 For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit. Quote Link to comment Share on other sites More sharing options...
amonnoatak Posted March 5, 2019 Author Report Share Posted March 5, 2019 14 minutes ago, texasrocker said: For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit. Thanks @texasrocker. I learned today that BoA sold off my debt and it is now with TrakAmerica. I believe the complaint was specifically made to look like it was BoA, not TrakAmerica. Is that a big deal/issue? I’ve read conflicting comments online about it. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 5, 2019 Report Share Posted March 5, 2019 3 minutes ago, amonnoatak said: Thanks @texasrocker. I learned today that BoA sold off my debt and it is now with TrakAmerica. I believe the complaint was specifically made to look like it was BoA, not TrakAmerica. Is that a big deal/issue? I’ve read conflicting comments online about it. What makes you think BofA sold the account? Quote Link to comment Share on other sites More sharing options...
amonnoatak Posted March 5, 2019 Author Report Share Posted March 5, 2019 53 minutes ago, BV80 said: What makes you think BofA sold the account? I spoke with BoA today asking if they still owned the account or if it had been sold. They told me it had been charged off and sold to TrakAmerica. I spoke with TrakAmerica and was told they now own the debt and that I would need to talk to the lawyers handling the case. I was told by BoA the account was charged off in June 2017 and was told by TrakAmerica that the account was acquired in November 2018. I know reps can be misinformed and to not take them at their word, but both parties seem to be on the same page about who owns the debt. BoA confirmed they do not own TrakAmerica and TrakAmerica confirmed they are not connected to BoA. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 5, 2019 Report Share Posted March 5, 2019 23 minutes ago, amonnoatak said: I spoke with BoA today asking if they still owned the account or if it had been sold. They told me it had been charged off and sold to TrakAmerica. I spoke with TrakAmerica and was told they now own the debt and that I would need to talk to the lawyers handling the case. I was told by BoA the account was charged off in June 2017 and was told by TrakAmerica that the account was acquired in November 2018. I know reps can be misinformed and to not take them at their word, but both parties seem to be on the same page about who owns the debt. BoA confirmed they do not own TrakAmerica and TrakAmerica confirmed they are not connected to BoA. Check your credit report. If BofA sold the account, its entry will show “sold” or “transferred”. It will also show a -0- balance. If it doesn’t show “sold” or “transferred” and a -0- balance, BofA still owns the account. Quote Link to comment Share on other sites More sharing options...
amonnoatak Posted March 5, 2019 Author Report Share Posted March 5, 2019 4 minutes ago, BV80 said: Check your credit report. If BofA sold the account, its entry will show “sold” or “transferred”. It will also show a -0- balance. If it doesn’t show “sold” or “transferred” and a -0- balance, BofA still owns the account. Ok, will do. If it does show as sold, is it an issue that the Complaint says the Plantiff is BoA? Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 5, 2019 Report Share Posted March 5, 2019 14 minutes ago, amonnoatak said: Ok, will do. If it does show as sold, is it an issue that the Complaint says the Plantiff is BoA? Yes, it would be an issue. Carefully read your credit report. Quote Link to comment Share on other sites More sharing options...
John B123 Posted February 4, 2021 Report Share Posted February 4, 2021 Hello does anyone know if Scott & Associates shows up to trial? I responded and am considering going to trial as opposed to settling the case. I have a pretty good defense but I looked on pacer and it seems most of these charges get dismissed. Thoughts? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 4, 2021 Report Share Posted February 4, 2021 3 hours ago, John B123 said: Hello does anyone know if Scott & Associates shows up to trial? I responded and am considering going to trial as opposed to settling the case. I have a pretty good defense but I looked on pacer and it seems most of these charges get dismissed. Thoughts? It would be better if you started your own thread. Joining an old thread just confuses people. That being said, there is no sure thing. If they have been skipping out on trials, there is no guarantee they will do so in your case. Your best bet is to be prepared for a trial. And if you are lucky because they don't show up, or they aren't sufficiently prepared, then enjoy your good fortune. As Louis Pasteur said, chance favors the prepared mind. Quote Link to comment Share on other sites More sharing options...
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