Served Summons - Marcadis (FIA/BOA)
Date: Fri, 05/21/2010 - 06:33
It is from Marcadis & Associates on behalf of FIA Card Services f/k/a Bank of America. Says I have 20 calendar days from yesterday (5/20) to file a written response. Also says "a phone call will not protect you" but I'm not sure what they mean by that. In the complaint the "Plaintiff demands judgment against the Defendant in the sum of ($11k +), together with interest and court costs. (Does that mean $11k PLUS interest and court costs?)
There is a second "count" of Unjust Enrichment, where it says:
9. The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the Plaintiff in the sum of ($11k +).
10. Defendant would be unjustly enriched if allowed to retain the benefit without paying the value thereof.
Long story short, I had ALWAYS had good to excellent credit until November 2008, when due to the obvious economic situation, the business where I worked (light-commercial construction on commission-based pay) just stopped making profits altogether, and I had to stop paying 3 CC's all at the same time. So I have a couple of questions for anyone who knows about these dealings.
I'm now earning a paycheck again. In your experience, is there any chance Marcadis will accept a one-time settlement payment of say 20-25% or accept a monthly payment of around $100?
Do I just flat out call and make an offer of either of these options?
Should I go through an attorney or try it myself and what should my next step be?
What is the worst possible scenario for me? (I don't own a home, just rent a room and small home-office at a private residence. All I have is pretty much my car which I bought "cash" a few years ago.) Bank account frozen? Wage-garnishment? Car levied? (KBB has it at $3k)
Any help would be greatly appreciated!
Thanks in advance.
It is probably worth giving them a call and seeing if they will
It is probably worth giving them a call and seeing if they will settle. Lay it on the line...you dont have the income or assets to pay it and a judgment is not likely to see them any results. If you are head of household, in Florida your wages cannot be garnished. Your bank account could be levied but that is easy enough avoided by using a prepaid debit card or using cash.
Thanks Soaplady! Guess it wouldn't hurt to call and make the of
Thanks Soaplady!
Guess it wouldn't hurt to call and make the offer.
Or could it be an issue if I end up hiring an attorney?
As for the Head of Household... I don't think I qualify as such.
I am single and have no dependents.
Another question if I may...
Can they put a lien on my bank account before we go to court?
Thanks again!
I've been doing a TON of research and found some interesting thi
I've been doing a TON of research and found some interesting things that lead me to a question.
The summons names FIA Card Services, N.A., f/k/a Bank of America as the Plaintiff. It says that upon my request FIA Card Services f/k/a BOA established a credit amount in my name and issued a credit card. It does not make reference to any account number.
Now, I know for a fact that I defaulted on (2) BOA cards, one of which was originally MBNA. The (3rd) card I stopped paying was originally a Citi account, which later became interestingly enough, an FIA card, before I stopped paying it.
Needless to say I have no idea which card this lawsuit is for. None of the balances I have as last noted match the $ amount of the lawsuit. And as fine-print footnote on each page it has the usual "We are attempting to collect a debt. Any information you provide may be used for that purpose" note. So i don't know if this is really on behalf of the OC or someone who bought the debt at cents-on-the-dollar, in which case I would push to validate debt.
But then here's my question. If I ask to validate the debt, and they DO show proof somehow, would I still have a chance then to try and settle at a low percentage? Or would I have just shot myself in the foot?
All of this makes me think the other cards could end up coming at me any day now, and now I'm reading up on Ch. 7 & Ch. 13 just in case.
I would really appreciate whatever knowledge anyone can share...
Thanks!
In doing more research I've come to find that apparently this is
In doing more research I've come to find that apparently this is for the original MBNA card, which later became a BOA card, which became FIA upon the merger. So would this mean that they really are suing on behalf of and/or collecting for the OC? How do I find out if they bought the debt? For some reason I thought they were a debt-buyer. My CR says the account, if it indeed is the one I think though it has a different balance, was charged-off and written-off in June 2009.
Could I use the fact that I didn't open an account with FIA f/k/a BOA originally, as it really was MBNA, and "put the plaintiff to its proof"? Thinking one of my defenses would be lack of standing.
Now, I want to pay, don't get me wrong. I am now able to pay either a lump sum of about 20% or smallish monthly payments to satisfy a reduced balance that excludes interest. But I also want to make sure I'm not paying an exorbitant amount to someone who bought the debt at pennies on the dollar...
Lil' help here?
I got a voice mail from M&A's office late afternoon yesterday fo
I got a voice mail from M&A's office late afternoon yesterday for me to call them.
Is this common, for them to contact me after I received a summons?
What happened?
I am in the exact same situation, I filed an answer against them that they basically needed to prove the debt....I'm still working on this and am looking for ways to deal with them...So what happened with your situation?
I am in the exact same situation, I filed an answer against them
I am in the exact same situation, I filed an answer against them that they basically needed to prove the debt....I'm still working on this and am looking for ways to deal with them...So what happened with your situation?
You posted in a two year old thread with an original poster who was not registered. They have no way of knowing you posted. This is the problem with non registration.
Did you read the Rules of Civil Procedure to understand what an "answer" to a summons is?? You can't ask them to prove the debt in an answer. You can state you dispute the debt and the reasons, you can tell them you have no knowledge of the debt. Asking for proof of the debt at this point would come up in the discovery phase and you would have to file a motion for proof. Did you have a BOFA account or an account that was bought out by BOFA that you did not pay??