Thanks for the feedback. I actually never heard of "filing a forma pauperous motion". I'm in CA, and the form is simply called "Fee Waiver". The more I think about this, I think it's worth much more learning how to properly defend my own case and saving the $2500. I'll have to look through the summons for any sought after attorney fees. Initially, I thought that by hiring an attorney, I would have a better chance of winning. And winning, I mean not having to pay this Collection Agency who filed a summons on me and has not even validated the debt nor communicated with me prior to this summons. I would much rather settle the debt with the original creditor, BOFA.
If they have already started a lawsuit there isn't a chance that you can get back to dealing with the bank.
Here's an update: With the help of one of the court clerks, I was able to file my answer to the summons and filed it by fax within the 30 + 10 addditional days to answer. I also received from the lawyer representing the CA, Attention Funding Trust a "Case Management Statement" to appear in court on March 5, 2007. This letter was delivered to me 10 days after receiving the summons. The complaint states that the CA had filed a summons, did not receive an answer and had not dismissed the case, and this is the reason that I need to appear in court. Can they do that? Shouldn't the attorney have waited until my 30 + 10 additional days to file a complaint? I think the attorney is really trying to nail this case by making it difficult for me to answer and appear in court. The court hearing is over 300 miles away from where I live too. Is it possible to request a dismissal of the court hearing because of distance?
300 miles away? That's outside the geographical jurisdiction of the court. Is it even in the same state as you are in? Either way you can do something about it. If it is out of state for you then you need to file motion to have it dismissed for lack of geographical jurisdiction. If it is in your state then you still need to file the same thing but it isn't likely to get dismissed. They will probably just transfer it to a court in your county of residence. That's what happens most of the time.
I'm in Northern CA and the case is filed in Central California. I'm hoping to get it transferred it that is an option, if not dismissed.
Getting it transferred should be easy but getting it dismissed is not likely. You may have to file a motion to have it transferred and then again maybe all you will have to do is show up and explain it to the judge. Tell him where you live and ask that it be transferred to your home county and it will probably be done. I'd call up the clerk of the court (county clerk) for that county and tell them what the story is and ask whether you can do it verbally or do you have to file a motion to transfer. Although most clerks refuse to give anything that might be construed as giving legal advice, simple questions like that are often answered with no problem. If they don't know or won't tell you then you may have to hire an attorney to do it for you or file a motion pro se. It isn't hard to do.
Thanks Cap1sucks. You've helped me feel more at ease with this whole situation. I'll call the county clerk today about the motion to transfer.
FDCPA requires that suit be filed either in the jurisdiction where the contract was signed, or the jurisdiction where the consumer lives. Deliberately filing suit in any other district (such as might be done to make it more likely to win by default) would be a violation. Did you reside in that jurisdiction (county) when you opened the account, or when suit was filed? Did you physically apply for that card at a bank in that jurisdiction?
"Did you reside in that jurisdiction (county) when you opened the account, or when suit was filed? Did you physically apply for that card at a bank in that jurisdiction?" None of the above. I had since moved from the jurisidiction when the suit was filed. I just received yet another letter from the attorney of Attention Funding Trust, even after I sent a DV with Cease & Desist (after receiving the summons). This time, the letter is a Notice to File Judgement. If the Case Management letter states that my hearing is March 5, 2007, how can the lawyer send a Notice to File Judgement before the hearing? Or is that part of some procedure of the courts?
I looked up my Case Management Conference Date on the online Courts Calendar, it states that the hearing is "1) Case Management Conference; /OSC reismissal". Does anyone know what "/OSC reismissal" means? Could it be that the judge is going to dismiss the case? Or is it mumbo-jumbo court speak for something else?
Good News! I don't have to travel over 300 miles to appear in court on March 5, 2007. I called and talked to the judge's secretary. She said that I can sign up for CourtCall - which let's you appear on your court date but through a teleconference. It cost me $60.00 but I think that's definitely worth not missing a day of work and spending the gas to drive over 300 miles both ways. I also asked the secretary what "/OSC reismissal" means and she said that it means "Order to Show Case of Dismissal".
Attention Funding & Trust, assignee of Bank of America, is a Delaware company. Their Registered Agent is: Wilmington Trust Company Corporate Trust Administration 1100 North Market Street Wilmington, Delaware 19890-0001
