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Being sued by Bank of America, n.a. Via Nelson & Kennard (CA)


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1. Who is the named plaintiff in the suit? Bank of America, n.a. 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson & Kennard

3. How much are you being sued for? 7000

4. Who is the original creditor? (if not the Plaintiff) Plaintiff is

5. How do you know you are being sued? (You were served, right?) they served my old address, I moved a year ago. My landlord told me just yesterday. 

6. How were you served? (Mail, In person, Notice on door)

 gave docs to my old landlord at my old house on 9/27/21, lawsuit filed 9/3/21

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Just collection notices, I didn’t respond

9. What state and county do you live in?

California, riverside county. I was served in Orange County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

9/4/18 from credit bureau info 

11. When did you open the account (looking to establish what card agreement may be applicable)?

2015

12. What is the SOL on the debt? To find out:

California is 4 years, but I believe bofa is in Delaware which is 3 years.

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days + 10 days 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 

Signed verification letter by attorney 

18.  How did you find out about this site? Google

18. Read these two links: ok

So I have until 11/5/21 to answer, I was thinking of doing a general denial form if that’s ok. I’m open to any suggestions. I don’t know what to do to be honest. First time getting sued. 

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  • 3 weeks later...

Did you answer? Did you check on the credit card agreement if BoA allows arbitration? I had to call bank of america to ask for my card agreement because I couldn't find it online. But the ones I read don't say anything about arbitration. Target cards also do not have arbitration option.

 

Here's a list to find out card agreement: https://www.consumerfinance.gov/credit-cards/agreements/

 

I think when original creditor sues and there is no arbitration, the best option is to try to agree to a settlement. I have a bank of america credit card too but it was charged off and sold to a jdb.

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