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LLC and Bank America

Date: Sun, 03/07/2010 - 07:27

Submitted by anonymous
on Sun, 03/07/2010 - 07:27

Posts: 202330 Credits: [Donate]

Total Replies: 3


I live in Georgia and am in the process of being served civil papers from LLC in regard to a Bank America credit card debt, my last payment to them will have been 4 years ago in May. My family was suddenly diluged with medical problems and our stable financial status of over 30 years came crashing down. My disabled husband's health quickly deteriorated and I started having problems as well. I first tried to keep things up, thinking my situation was temporary but was then told that I too was permanently disabled. We sold our house and having quite a large credit card debt build up from the years leading up to all this, I first tried to tell the credit card companies what we were going through, but they didn't care. I then took each credit card and paid half of what I owed to each one and then tried to keep the payments going for several more months. DFACS was brought into our situation and they had a fit that I had paid the credit card companies and told me that I needed to stop paying them and use our money to take care of our family. I had lost my insurance too along the way and was told it would be a long wait to get my social security hearing - 3-4 years. DFACS could not help me due to my husband drawing social security disability. After years of waiting, I was finally awarded my social security disability too. However, during all this and knowing our situation, the credit card companies sold my debts out the back door to other companies and now I don't even recognize the amounts of the debts! One of them LLC is suing for an old Bank of America debt and I don't know how to answer the civil papers they are trying to serve me with. I'm sure it must be about the old debt. What can I do?


Well you need to answer the complaints. They should be numbered with all sorts of questions. You want to answer with agree/disagree or "insufficient information to agree/disagree." You want to disagree with anything that even remotely says you owe money, especially if you do not recognize the amounts. You should also liberally use the "insufficient information" answer on any saying you owe because honestly, you don't have the information available to answer those.

You file those answers then during discovery you will likely get another set of questions, called interrogatories and requests for production of documents such as last payments on the credit card and all sorts of stuff. Anything that is not related to the credit card in question you object to on the grounds of it being irrelevant. You will want to send them interrogatories as well, asking for the signed contract outlining any interest and fees and you also want to see the last statement to show exactly how much is owed as well as thier right to collect in your state and proof they are legally own this debt or were assigned to it.

Finally, they may try to use an affidavit to say you owe the money. Object to it as heresay, that you have the right to question this person about their first hand knowledge of said account. (You would ask them things like did they witness you sign the contract, did they have first hand knowledge of all purchases, etc.)

Finally...if you lose your SSI can't be touched and all you have to do is prove that all monies in your bank derives from SSI. They can't take that.


lrhall41

Submitted by goldenbast on Sun, 03/07/2010 - 14:52

( Posts: 2884 | Credits: )


You really should look for a consumer attorney on this, hopefully you can get one Pro Bono, but you will have to be quick and get one to file the answer for you. Once you file an answer on your own, most attorneys will not touch the case.

Second thing I will say is try to get a credit card agreement from them, If you cannot get an attorney you will have to find out how to serve a request for documents to the attorney for the plaintiff.....If you get a credit card agreement, Bank Of America has a 4 year Delaware Statute of limitations in their new agreements and in the old ones, they have a 3 year Arizona SOL,,,,if you get one that says it is governed by Arizona law, you can then get the case dismissed, as it would be time barred per the laws of the credit card agreement which has choice of law.


lrhall41

Submitted by pokertramp on Sun, 03/07/2010 - 18:43

( Posts: 512 | Credits: )