Legal Question in Credit and Debt Law in Georgia
HI,
I have been served with a court judgement from Bank Of America (BOA) regarding my credit card that is charged off.
I tried to call BOA to settle. The amount on my card is $2900.But it happened that it was sold to another company that later sold it to another one.
The current collector is Cooling and Winter LLC (CW).
But in the court paper it says that the plaintiff is BOA and the plaintiff address is CW address.
My first question: Is that right? shouldn't be BOA address instead of the collector address? Or shouldn't CW be the plaintiff instead of BOA? My court date is in one week. What are my options?
Also in the documents, I have some of my previous credit card statements but nothing regarding the credit card contract and my signature. Should I request CW to send me the contract. And if they are not able to reproduce it, file to have my case dismissed?
If I were to settle with CW, can I settle it for &700;-$800 since my wife got laid off and I am the only one working with 3 kids.
Thank you.
1 Answer from Attorneys
First, judgment has been entered according to you. . So the time to fight over who was legally en titled to collect is OVER. Second, your post does not seem right. By your own statements, you indicate the BofA debt was sold. If that is correct, then BofA is no longer involved here. The current owner of the debt is the junk debt buyer who bought the debt.
Cooling and Winter is NOT a junk debt buyer but a law firm. The complaint always lists the attorneys address at the top. However, whatever junk debt buyer owns the debt should be referenced in the body of the complaint. If the lawsuit is in small claims court, it will not be. Instead, it will be a statement of claim and say something like defendant (you) had a BofA account ending in xxxx. Account was acquired by Junk Debt Buyer and $2900 is owed.
The time for requesting documentation also is over if a judgment was entered. The time for asking for stuff was by filing an answer to the complaint and then making a discovery request. The problem is that there is no discovery in small claims but its still up to the parties to request it. You obviously did not do that.
If judgment truly has been entered, I would not waste time litigating unless there is no evidence that the current debt buyer can prove that it lawfully acquired your account. I would instead focus on resolving the debt. I know Cooling and Winter will settle for 50% to 80% of the debt. If you want to fight, then you had better go now to a lawyer. Maybe he can get the judgment opened. If you are wrong about the judgment and you have just been sued, then the lawyer can file t he answer and ask for the discovery you seek.
If you have the money and just need help resolving the debt, I can do that for you. Please contact me at [email protected].