Has anyone been sued on BoA CC that used to be MBNA

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From what I have seen, BofA consumer accounts are usually sold off to a JDB right after charge-off.

However, whether they do this in your case may depend on other factors, such as the amount of the debt, and your credit report/score. If it looks like you can pay, they might hold onto it and perhaps even sue.

I am in the process of a lawsuit where FIA / BOA is the plaintiff. I called FIA/BOA (twice) after I was served and they told me they didn't have my account any longer. I asked if it was sold and was told they just didn't have any other info. Said any communication had to be with a certain 3rd Party (Hannah). They didn't even mention the attorney on behalf of the plaintiff. So I'm still not sure if they sold it or not. Additionally, I did not know exactly which account they were suing me for as they didn't mention an account number or attach any docs whatsoever though I had an idea that it could be either of 2 I had with them.

On my answer to the summons I denied or lacked knowledge on all counts. And for my Affirmative Defenses, I wasn't sure where to go as I'm doing this on my own, and wanted to cover most of my bases, so I stated that 1) Plaintiff makes no reference to an actual account and has not included proper documentation. 2) Plaintiff has not proven the debt is valid or the amount is accurate. Plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in contract, and lawfully charged. Defendant insists that the plaintiff come up with the contract and account statements to prove the amount of the debt. 3) Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action. 4) The Court would unjustly enrich the plaintiff by granting the relief sought herein. And then I finished it with Wherefore, the defendant asks the Court for judgment dismissing the complaint herein with prejudice.

Just a couple of days ago I received their attorney's letter replying to my Affirmative Defenses, where they "hereby deny each and every Affirmative Defense propounded on them". If anyone could help me out with this... are they saying that I lied when I stated they didn't include an account number or any docs? I mean the court has a copy of the summons where it is clear that they didn't.

Anyways, I have no idea what I'm doing here... and hope the court doesn't laugh at my weak attempt. Funny thing is yesterday I got a voice mail from the attorney asking me to contact them. Should I?

Thanks in advance...

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What happens next? After answering summons, and the plaintiff denying affirmative defenses, what should be expected next?

It's now time for discovery, meaning interrogatories, requests for admissions, and requests for production of documents. You should start working on these, which you will send to the plaintiff. Expect the plaintiff to send them to you, too.

What if you just decide to go Chp 7 at this stage... would it stop the process right then and there?

Yes it will, I was in the middle of being sued by Target Visa and when my bankruptcy was filed it stopped their lawsuit cold. Lordy, did it piss them off. I called the lawyers office that was suing me as soon as I made the decision to go bankrupt, just to let them know what I was doing. I told them "I am letting you know so as to maybe save you some money in legal costs, seeing I am hiring a lawyer and filing bankruptcy tomorrow." The woman in the office screamed at me and said "It doesnt matter we are still proceeding with the lawsuit and you will owe us lawyer fees and court costs!" I asked "why would you proceed wasting the lawyers time and money when I am filing bankrupt which means anything he does will be a waste" Her response "We will get our money out of you!" I laughed at her and hung up, hired my lawyer the next day and he filed the papers 3 days later. That lawyers office called me a week later and asked why did I file bankrupt and I exploded on them. Told them I called to tell them that and their paralegal was nasty and rude and said yall didnt care about it and you were going to get their money out of me no matter what. Well, within a week he called back and told me that his paralegal had been fired, he records his office calls and said he listened to the recording and what she did was wrong and he actually apologized to me, could have knocked me over with a feather at that moment, an apology from a lawyers office?! So, yes if you file it will stop the lawsuit right there.

Greetings "Unregistered"

Just curious here.....but what % settlement did you offer?

Did they counter offer?

Usually boa-the snake is one of the easier to settle out with.

Respectfully yours,
King "Kash" Jabba Labba

BTW: Great results with the rude one!