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Natalie81

I responder to a complaint and summons for judgment against BB&t and included affirmative defenses. Now they have...

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 BB&t is suing me. I filed my answer mostly no knowledge and therefore deny and included affirmative defenses. Now they have filed a motion to strike my affirmative defenses as well as interrogatories, request to produce, certificate of completion, request for admissions. I have no idea what to do now. I don’t want to loose and incur more legal fees? 

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57 minutes ago, Harry Seaward said:

Who is the original creditor? 

BB&T is a bank. They are an original creditor.

2 hours ago, Natalie81 said:

 Now they have filed a motion to strike my affirmative defenses as well as interrogatories, request to produce, certificate of completion, request for admissions. I have no idea what to do now. I don’t want to loose and incur more legal fees? 

What were your defenses and what did you request in interrogatories etc?

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I used general denial, unconscionability, laches, the compliant fails to state a claim upon which relief can be granted and I put the defendant has a right to amend and or add additional answers ...they did the request for interrogatories.

Any help is greatly appreciated!

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When you assert an affirmative defense, the burden of proof is on you to prove those defenses are real.  Unless you are currently in possession of tangible evidence that the debt agreement is unconscionable, that they waited an unreasonable amount of time to try to collect the debt and that relief cannot be granted on any of the claims in their complaint, I wouldn't bother responding to the Motion to Strike.

You didn't really provide much info in the way of the underlying debt, but since it's an original creditor suing you, the one thing I can tell you is that the lion's share of these kinds of lawsuits end with judgment in favor of the bank.  Your best bet is to try to negotiate a settlement agreement while you still can.  A judgment against you will include the full amount of the debt, attorneys' fees, court costs and post-judgment interest that will continue to accrue until the debt is paid in full.

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So I should reach out to BB&t or the lawyer representing? What should I offer? They are asking 12K and I have no lump sum to pay. The bank waited almost 3 years to file. Now I have a decent job so I’m worried they will garnish my wages. There was no contract in the complain only one portion of the last statement with the account number blacked out. Would I be better off showing to court date and asking for a payment over 5 years? I was thinking about trying to get bankruptcy in time as I’m afraid more of these summons may find there way here. 

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1 hour ago, Natalie81 said:

So I should reach out to BB&t or the lawyer representing? What should I offer? They are asking 12K and I have no lump sum to pay. The bank waited almost 3 years to file. Now I have a decent job so I’m worried they will garnish my wages. There was no contract in the complain only one portion of the last statement with the account number blacked out. Would I be better off showing to court date and asking for a payment over 5 years? I was thinking about trying to get bankruptcy in time as I’m afraid more of these summons may find there way here. 

Do you  have more defaulted accounts for which you could be sued?

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5 hours ago, Natalie81 said:

The bank waited almost 3 years to file.

The SOL in FL is 5 years.  As long as they filed within that time it is timely and not covered by a laches defense.

5 hours ago, Natalie81 said:

There was no contract in the complain only one portion of the last statement with the account number blacked out.

The courts in all states know there is no contract in a credit card case.  They won't be needing one to find that the account is yours and you defaulted.

5 hours ago, Natalie81 said:

Would I be better off showing to court date and asking for a payment over 5 years?

The court cannot order them to accept payments for five years.  You could settle for that but they will require you to sign a consent judgment.  What that means is that if you default again they would not have to sue you in court to enforce the judgment.  They can proceed right to a debtor's exam, wage garnishment or bank levy.

5 hours ago, Natalie81 said:

I was thinking about trying to get bankruptcy in time as I’m afraid more of these summons may find there way here. 

If you have more than one debt that puts you at risk for suits then a consult with a few bankruptcy attorneys is in order to discuss your options.  Most if not all do a first consult for free.

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  I only have one suit and it’s been 3 yrs since I defaulted. I have one of these hanging in collections but it’s not the OC. Every other Dept was discharged but they could still come back to haunt me I suppose for a couple more years. I have a good job but still live paycheck to paycheck with dependents. I don’t own anything. I’m not in a mortgage, Ford owns most of my car and I don’t have any money is savings or retirement. I’m not sure it’s smart for me to file as most did not deem it worth it to come after me. I can set up an appt for advice but I think it may be wise for me to try to settle if possible. 

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$12k and 'decent job' is probably not a formula for CH 7 bankruptcy. You can file for CH 13, but that's probably not a wise move. I guessing the bank will garnish and levy bank accounts (regularly take anything in there over $250, or whatever). Settlement seems to be your only option to avoid judgment. You can try to fight it in court, but it's a real uphill battle with the outcome being a judgment against you for 2x-4x what you can likely settle the debt for. 

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