View Full Version : Debt Collection, proof of debt?
NItro1
Oct 26, 2010, 09:17 PM
Today I got in the mail a document from the Lawyer that is suing me for money from a debt from bank of america. The packet included all the documents sent to them and to me. The "Proof" of debt that they are claiming is only 4 months of my account. The account is in the last 4 months before it was closed and deleted and given to collections. It does not include my original balance only my balance with interest and the amount of interest being put onto it. I am wondering if this is enough info to get a judgement on me?
The packet does not include any info proving that I agreed to this card. All that is in the packet is the last 4 months of my account.
I wish I had money for a attorney but I do not and I really need some help. I am just a college student who made some mistakes when he was young. Please help.
Also any recommendation will be great and greatly appreciated.
Truman
bluesky4u2
Oct 27, 2010, 01:08 AM
I am not an attorney but this is my honest recommendation on what I would do if I were you
In the city where you live is the lawyers bar association and I would call them immediately and ask for the number of the attorney that
1--does this kind of work
2-- and works in the public law office of people that need assistance but can't afford an attorney
They will direct you to this office and when you go in they ask you to fill out forms proving your income so they can determine your eligability and it sounds like? You qualify?
Then sit down with someone who can tell you your options on what to do and then you go from there
REMEMBER WHATEVER YOU DO Don't CONTACT THE ATTORNEY WHERE YOU GOT THIS LETTER AND DEMAND FROM
First seek legal advice at the above place I mentioned there are places like this to help you
Also ask the bar association office if they have any attorneys that specialize in your type of problem/situation and are there any that take simple caees like this pro bono
Pro bono is taking a case on for free to help out people like yourself that have legal problems and can't afford to pay ( somne attroneys in private practise do this to give back to the community)
I don't know your details but it seems to me it is a simple case and can be resolved so both you and the person/entity demanding money from you can come to a solution
Good luck
ScottGem
Oct 27, 2010, 03:46 AM
First ANY question on law needs to include your general local as laws vary by area. There are loads of threads in this forum (as well as Credit and law forums) that deal with this.
The question is whether the documentation proves for a local court, that the debt is yours. For example, the statements may have your correct address on them. So the judge may ask if a) you were living at that address when the statements were sent and b) did you receive them. That may be sufficient for the judge to find it's a valid debt.
If you are trying to get out of this debt by claiming its not yours when it is, you may not be able to.
As for legal help, does your college have a law school? Many law schools run free clinics were they can advise you and help you prepare for court.