Citytocountry Posted October 30, 2022 Report Share Posted October 30, 2022 Hi there-Im blown away by your information (what I can understand) and patience. I was just served today (came home to papers on my doorstep) and a bit shaken by it. B of A is suing me for 14k but I think this is the first time Im hearing of the debt. My divorce was finalized 4/2021. I moved around quite a bit when I moved out so was prob hard to find. Starting around mid 2019 I was unable to make most monthly payments as my husband (sole breadwinner) was hospitalized for 5 mos (I was a stay at home mom working PT 10 hrs a week) I took leave to be at hospital, then he miraculouslyrecovered, asked for divorce, and after filing Iwaited over a year for a PL hearing which he refused to obey further delaying any kind if support. In addition my hours were cut due to covid. Im so sorry to get in the weeds but Im wondering if any of this will have anybearing if I decide to complete the notice of intent to defend. I simply had no means to keep current. I have to respond w/ in 15 days and have trial date of 12/19/22. My card payments -all payments- had been paid every month by my ex. it wasnt until he was in a coma that i found out we were deep in debt, facing foreclosure and that for 10yrs he never even filed our taxes. In divorce agreement he indemnified me for taxes owed , paid off BofA lien on house and I thought everything was clear. Do I have any shot going against BofA? I certainly dont have the 14k… I recd a second summons today -the first was delivered around 11/2021 to a former address in a different county. It listed with the attnys Glasser and Glasser. Todays listed no attnys. Do I assume its the same law group?? After hours of reading on this amazing site i think I should consider arbitration but cannot find a clause anywhere in any cc agreement. This account was charged off 6/2020 with last payment acc to affidavit and enclosed statements on or about 11/2019. Acct opened in 2006. Im at a complete loss as to what to do as I thought I had all this behind me and fear more down the road. Any advice you could give would be a million times appreciated. Thank you so much Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted October 30, 2022 Report Share Posted October 30, 2022 Arbitration is not really a choice as BofA has been shown to most likely follow through arbitration. Was this debt dealt with in your divorce. Was it agreed your ex has no responsibility to the debt? Did you agree to be responsible for it in your divorce? Anyway you can get your ex to pay it? 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 30, 2022 Report Share Posted October 30, 2022 11 hours ago, Bulldoger said: Arbitration is not really a choice as BofA has been shown to most likely follow through arbitration. Was this debt dealt with in your divorce. Was it agreed your ex has no responsibility to the debt? Did you agree to be responsible for it in your divorce? Anyway you can get your ex to pay it? I agree that arbitration is not an option. Unless it was reinserted, BofA removed arbitration from its agreements in 2009. Quote Link to comment Share on other sites More sharing options...
Citytocountry Posted October 30, 2022 Author Report Share Posted October 30, 2022 Thank you both for your response. Looking back over settlement it looks like im on the hook since cc was in my name regardless of him having made the monthly payments. With arb out what am i left with? I work part time - gross about $1500/mo and recv $1900/mo in alimony. Should I go the garnishment route and appeal it based on low income? Do I contact BofA now (before I answer summons) and try to persuade them the likelihood of garnishment is low and try to work out pay plan based on previous hardship? Do I have any leg to stand on at all???? Maybe of note…I am currently on the deed but not mortgage-can they put a lien on the house? Again, many thanks for the guidance. Im left feeling numb and like a deer in the headlights-completely immobilized by fear at this point. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 30, 2022 Report Share Posted October 30, 2022 45 minutes ago, Citytocountry said: Should I go the garnishment route and appeal it based on low income? Does your state even allow that? I know FL and CA have head of household low income exemptions but I don't believe Maryland does. They can garnish up to 20% of your paycheck after taxes and deductions like insurance. Whether you can afford that or not is not a consideration. The only 2 defenses to wage garnishment are identity theft and fraud but you already have established those don't apply in your case. 48 minutes ago, Citytocountry said: Do I contact BofA now (before I answer summons) and try to persuade them the likelihood of garnishment is low and try to work out pay plan based on previous hardship? If they agree to a new payment plan you had better make sure you can afford it before you sign. They will want a consent judgment and if you are late even once or miss a payment they do not have to sue you. They can file that judgment with the court and go straight to wage garnishment and bank account levy. Alimony is not protected from bank levy. 50 minutes ago, Citytocountry said: I am currently on the deed but not mortgage-can they put a lien on the house? Yes, they can and probably would put a lien on the house. Judgments in MD are good for 12 years and can be renewed for another 12. 50 minutes ago, Citytocountry said: Do I have any leg to stand on at all? Bankruptcy. Dependingo n what kind of debts you have you may qualify and protect your home. Most BK attorneys do a free consult. I would do one and see what your options are before this goes to trial. You are being sued by an OC and the only 2 defenses are identity theft and statute of liimtations expired. Neither are available to you. While financial hardship is a compelling reason to stop paying it is not a legal defense to a lawsuit. If the account is yours and they filed timely you will lose. 1 Quote Link to comment Share on other sites More sharing options...
Citytocountry Posted October 30, 2022 Author Report Share Posted October 30, 2022 Thank you. Ive worked hard to bump my credit score after it was pummeled in divorce. Would like to avoid BK. In MD garnishment equation is 25% of take home or amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage. So, if they cant get much there do they then go after the house? Is my only avail option reaching out to BA to ask for pay plan? Do I lowball first or simply say I can afford this amount and thats it? If they push for judgement, how is that decided in terms of where the garnishment is placed? Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted October 30, 2022 Report Share Posted October 30, 2022 Since you make $1500 net a month, then 30 x $12.50 (State minimum wage) = $375.00. $1,500/(4 weeks) = $375.00 $375 - $375.00 = $0.00. Amount that can be garnished=0.00 each week. They can go after your ex and have him pay them your Alimony if they are suing in Circuit Court. They can't if they are suing in district court. https://mdcourts.gov/sites/default/files/court-forms/district/forms/civil/dccv065br.pdf/dccv065br.pdf 1 hour ago, Clydesmom said: Bankruptcy. Depending on what kind of debts you have you may qualify and protect your home. Most BK attorneys do a free consult. I would do one and see what your options are before this goes to trial. Even if your not considering BK they can answer if BofA can put lien on property and if they can force sale or not. 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted October 30, 2022 Report Share Posted October 30, 2022 BOA would probably pursue this case even if they can’t garnish your wages because: 1. They might be able to put a lien on your house. I said “might” because I am not a lawyer and I know little about Maryland law. 2. At some point in the next 24 years you may have garnishable wages. By that time the amount you owe could be much higher due to interest. 3. Other things they can do, such as seizing bank accounts. Talk to a bankruptcy attorney. Find out your options. Your options may well be BK or working out a settlement with BOA 2 Quote Link to comment Share on other sites More sharing options...
Wins the Battle Posted October 30, 2022 Report Share Posted October 30, 2022 I third the BK suggestion. I had a similar situation in the 90's, when my ex stopped paying child support, and I had four little kids to feed, clothe and shelter. It's not forever, and it is, based on your current situation, the best of several bad options. I predict that you'll cry. A lot. But making the best choice can mean that this constant anxiety over your finances can be in your rearview mirror. Before you file, go through all your credit reports and look to see if there are other accounts that you are in arrears on. 2 Quote Link to comment Share on other sites More sharing options...
Citytocountry Posted October 31, 2022 Author Report Share Posted October 31, 2022 UPDATE...Upon further research Ive come up with a few more details and wondering if this changes my options.. Im so grateful for all the advice ive received here but Im reeeeally trying to avoid BK -BofA charged off my account. $14,490 written off 7/2020 (per credit report) -With that said can I then assume that Glasser and Glasser is a 3rd party and that I am NOT being sued by the OC? If so, does this give me better odds in fighting this? Is Gand G a JDB or are they basically equal to in-house counsel for BofA? -It does seem they have their ducks in a row in terms of what was included in the summons (district court). It contained the affidavit and a few bank statements. As I mentioned in my open, I have moved a bit since they originally filed this and now reside in a different county than the one I was originally served in (this was closed bc they were not able to serve me). The complaint I received is actually on a form from the previous county. It was not prepared/updated to reflect the current court they are now serving me in. Does this change anything? Does it change the attorneys listed on the previous affidavit? Grounds for MTD? - I know im grasping As to my answer which I really need help drafting...My summons basically just gives me an option to say yes I will be in court or to just default. I dont really see anything on the complaint at least not in a format to which I can affirm or deny. Im only given a line for a "brief explanation of defense". I dont really have a defense - the debt is mine so Im completely lost as far as what to list as a defense? am I right in assuming my "defense" is the same as my "answer"? Also, Im guessing that the plaintiff has effectively pre-empted any MTC by supplying a few of my bank statements in the summons??? Can I answer "lack of knowledge" without seeing the original signed contract? So...does this shed any new light or am I still in the same BK boat? Do I at least have any new leverage in settling now for less than the 14k? And if so does it behoove me to approach settlement with the fact that we can settle for less now and both come out better than If I file for BK or is it just a generic approach that should be taken - matter of fact - will you accept xxx amount in order to close this out? Again, soooo many thanks on the guidance. Ive learned so much. Maybe most importantly to never get in this situation again. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted October 31, 2022 Report Share Posted October 31, 2022 You’ve got a few potentially dangerous misconceptions here. 1. The plaintiff is Bank of America. G&G is their attorney. This is still with the OC 2. As @BV80pointed out, BoA removed their arbitration provision in 2009. It is not an option unless this account was opened before they removed the option. 3. Don’t even talk about signed contracts. They pretty much don’t exist in credit cards these days, except for some store cards. The judges know that. So back to the previous situation. Your options are a settlement, bankruptcy, or lose a judgment Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 31, 2022 Report Share Posted October 31, 2022 @Citytocountry To reiterate what @BackFromTheDebt said, you are being sued by BofA. The bank hired G & G to represent it in court. If you were to sue someone and you hired an attorney to represent you, you would still be named as the plaintiff. Your attorney would just do all the work such as write and file the complaint, write motions and discovery requests, speak for you in court, etc. Quote Link to comment Share on other sites More sharing options...
Citytocountry Posted October 31, 2022 Author Report Share Posted October 31, 2022 2 hours ago, BackFromTheDebt said: You’ve got a few potentially dangerous misconceptions here. 1. The plaintiff is Bank of America. G&G is their attorney. This is still with the OC 2. As @BV80pointed out, BoA removed their arbitration provision in 2009. It is not an option unless this account was opened before they removed the option. 3. Don’t even talk about signed contracts. They pretty much don’t exist in credit cards these days, except for some store cards. The judges know that. So back to the previous situation. Your options are a settlement, bankruptcy, or lose a judgment The account was opened 9/19/2006. Does this then leave me with a teeny glimmer? I understand im looking at settle, BK or lose - I still need to respond to the court with my answer. Its been suggested to me that affidavits are generally rubber stamped and while this lawsuit is by OC it stills list G and G. G and G website states that they are a collection agency. Does this not give me a right to "deny by lack of knowledge" and request proof of debt ownership? Lastly, there seem to be so many stupid irregularities from the time the first suit was filed... 2/2021 - filed in Mont county - then 9 mos later they try to serve but its an old address. 5/2022 they change venue (wash county) and summons issued 4 mos later. that summons never got served bc it was to a property I rented and hadnt lived in since 11/2021. I bought a house in 12/2021. I had already been living here for 6 mos by the time they figured out they needed to be in a new county and they STILL went to an old address. Furthermore - the packet of summons dumped at my (finally correct) front door seemed totally half assed. the new Washington County writ of summons listed BofA the next page was a form "for process server use only" - was the server not supposed to take that with them?? So as far as wash county goes THATS IT. No complaint. the next pages consisted of what they filed in Montgomery county - the summons, complaint affidavit and bank statements. Should I not inquire as to why I have no complaint to answer from Washington county? The old complaint lists Gand G where as the summons I have in hand list only BofA - which is what led me to all this confusion. Given the irregularities and ridiculous amount of time it took to serve me ( i wasnt hiding) and the confusion with who was actually suing me, is it not feasible to ask for dismissal w prej based on the affirmatives 1) Plaintiff’s claims are barred in whole or in part by the doctrines of laches, equitable estoppel, and unclean hands 2) Plaintiff’s claims are barred in whole or in part because of a failure to mitigate damages and 3) Defendant requests that Plaintiff perform an accounting and provide Defendant with documentation that proves the amount that Defendant allegedly owes. If these clowns had actually dont their due diligence and found me earlier I would certainly have used the chunk of money to pay them off rather than buying a house. If you still think Im pissing in the wind with this then please confirm if i have an arb case given I opened the account per their affidavit in 2006 and that I would then follow the guidelines Ive found here to proceed Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted October 31, 2022 Report Share Posted October 31, 2022 2 hours ago, Citytocountry said: If you still think Im pissing in the wind with this then please confirm if i have an arb case given I opened the account per their affidavit in 2006 and that I would then follow the guidelines Ive found here to proceed Yes I confirm, summons was on time (within 60 days from issue date) Affidavit is by an employee of B and A having personal knowledge of how records are kept. Venue is correct, G and G are licensed to practice in VA and MD. As for arbitration you will need copy of credit card agreement to determine if there is a survivability clause. I could not readily find a third QTR 2006 B of A credit card agreement. If you saved what they sent you back in 2006 great. Otherwise you can list it as a defense and use discovery to get copy. Quote Link to comment Share on other sites More sharing options...
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