Hey folks,
I got a lawsuit from BOA n.a. with successor in interest FIA Card service and its for a credit card that I owe around $8k. I was just served 2 days ago. The lawyers for BOA are Hayt, Hayt and Landau. I had success last time with a JDB at the small claims court but this lawsuit is at the state court level. I feel this might be harder to fight off and they have said in the lawsuit they will introduce business records. I have read some different info online where these lawsuits can be fought off. But I actually don't want to bother going down the road again with these lawsuits. Last one was very stressful and I really think it was my good luck I was able to fight off the lawsuit. So what I plan to do is go ahead and file a denial answer for the time being but also call the lawyers up with the help of another friend whos a lawyer (his in another state, FL) and make a offer. I just don't know what to offer and what maybe reasonable enough for them so they take the offer and everyone can move on. I was thinking to offer $4k but not go more then $5K. Because I have to borrow money and pay back the individual within 6 months ( my sister!) I don't want the settlement to be higher then that. If not I will just make some low monthly payments but that might take 7-8 yrs to pay back the full amount. I have a feeling they will take the lump sum.
Another thing I want to ask the forum is once a settlement is agreed upon would typically the lawyers just cancel the lawsuit on their own or there is certain things I need to do to make sure? Like if I give an answer and we settle but the court still has a trial do I need to still attend and let the judge know everything is settled (with documentation in my hands). Let me know what you folks think. I am out in Georgia in Cobb county.
-mofotech