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NeedAFix

Fighting a BofA lawsuit from Nelson & Kennard...

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Hello all,

I'm in the process of fighting a couple of BofA lawsuits from Nelson & Kennard.  Relatively small, both together under 10K.  What is frustrating is that these things have been sitting on the court docket for about 3 1/2 years, and they mark them as delinquent every month (last payment was in 2014) and it's killing my credit.  I've been acting Pro Per and have denied to answer all of their questions (via my responses to their requests for admission, form interrogatories, and production of documents).  I have called them to settle for 10% of the debt, they wanted me to produce a financial statement showing what I have in order to 'take my offer to the bank' which I refused.  There is still no date on the docket for a case management conference.  Am I stuck until this thing goes to court?  I'd hire a lawyer if I thought I could find the right one.  Interested in getting advice, as well as retaining an attorney who might be able to clear this up relatively quickly.  Thanks!

One more note - apparently N & K is representing the original debt holder, not a debt purchaser.

EDIT: More info as mentioned as helpful by Racinghart03:

  • There are two lawsuits pending.
  • I've been acting Pro Per and have answer all of their questions in the form of denials or no information (via my responses to their requests for admission, form interrogatories, and production of documents). 
  • I don't know if I would be arbitration eligible, but frankly prefer to take my chances in court.  Arbitration seems to always favor the industry that it is arbitrating in.

Would prefer to find a lawyer if this can be defended at reasonable cost.

Edited by NeedAFix
Clarification / additional info on a couple of points.

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14 hours ago, NeedAFix said:
 

Hello all,

I'm in the process of fighting a couple of BofA lawsuits from Nelson & Kennard.  Relatively small, both together under 10K.  What is frustrating is that these things have been sitting on the court docket for about 3 1/2 years, and they mark them as delinquent every month (last payment was in 2014) and it's killing my credit.  I've been acting Pro Per and have denied to answer all of their questions (via my responses to their requests for admission, form interrogatories, and production of documents).  I have called them to settle for 10% of the debt, they wanted me to produce a financial statement showing what I have in order to 'take my offer to the bank' which I refused.  There is still no date on the docket for a case management conference.  Am I stuck until this thing goes to court?  I'd hire a lawyer if I thought I could find the right one.  Interested in getting advice, as well as retaining an attorney who might be able to clear this up relatively quickly.  Thanks!

One more note - apparently N & K is representing the original debt holder, not a debt purchaser.

These guys and gals are going to need a lot more info to help you.....Were  you sued? If there are docket numbers I assume yes. Did you answer? How? Is there an arb agreement? Check your local rules. You don't want to waive your right to arb, if it even exists, by going back and forth. Just my two cents on this one. More information is needed. I am NOOOOOOO expert, just going from my limited knowledge and the tremendous amount of help I have gotten here. 

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22 hours ago, NeedAFix said:

What is frustrating is that these things have been sitting on the court docket for about 3 1/2 years, and they mark them as delinquent every month (last payment was in 2014) and it's killing my credit. 

There are several counties in California where 3 years to trial is not at all unusual.  Add the covidiocy and it can drag out even longer.  As for the reporting killing your credit is why they do it.

22 hours ago, NeedAFix said:

I have called them to settle for 10% of the debt, they wanted me to produce a financial statement showing what I have in order to 'take my offer to the bank' which I refused. 

For a settlement that low original creditors always want proof of low income to justify the 90% discount. 

The problem you have is you are being sued by an original creditor. Sites like this are formed based on collections by JDBs. There are only 2 defenses to a suit by an OC:  identity theft and statute of limitations.  Neither of which appear to be available to you.  California does give its residents added protections.  There are many Cali threads on here that can guide you on those.  Arbitration may or may not work.  Often an OC will follow in and all the way through regardless of cost.  You have the added problem of participating in litigation for 3.5 years including discovery which in many states waives your right to arbitrate.

 

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