Subpoena for Deposition in 4 days.

[cero]

What is the name of your state? florida.

I found this today, and I'm afraid I may be too late to do anything about it.

In the county court in and for seminole county, Florida
Case number xx-xx-xxxxxx

Bank Of America, N.A.(USA)
vs.
me

SUBPOENA FOR DEPOSITION IN AID OF EXECUTION DUCES TECUM

The state of Florida:
To: Me

YOU ARE COMMANDED to appear before a person authorized by law to take depositions at: 1.30PM on TUESDAY, MARCH 1, 2005 at: ASSOCIATED COURT REPORTERS, INC., 101 W. FUlton St., Sanford, FL, 32771, for the taking of your deposition in this action, and to have with you at the time and place the following:

See attached schedule "A"

If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorneys and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed.

Zakheim & Associates, P.A.
Attorney for Plaintiff
(address)




THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY FURTHER INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

file number: xxxxxxxxxx.xxx

===========================
second page:
===========================
SCHEDULE "A"
DUCES TECUM: IN AID OF EXECUTION

1. Federal income tax returns for the past 3 years, whether the same be in your name individually or jointly with anyone else.

2. The last 3 check stubs and/or payroll slips from your current place of employment.

3. The three most recent checking and savings account statement, whether in your name individually or jointly with anyone else.

4. All records in regard to any security account in your possession or control, whether in your name individually or jointly with anyone else for the current year.

5. The legal description of any and all real property in which you had an interest in during the current year or past 3 years.

Ok, so, I just found this today, on a bookshelf in my house. Glad I found it when I did, or...

Anyhow, Here's the deal:

When I was 19, I was given $20k in credit cards. I did what any 19 year old would do, and maxed them out. I paid them down, then charged them up. Eventually, I lost my job, and used one card to pay another, and to pay my bills. That lasted about 2 months, then I was tapped out. When I stopped paying my visa card, I owed $3071. (The limit was $3000)

A few months later, I moved. I didn't put in a change of address form, because I was tired of all the debt collectors, while I was barely making ends meet as it was. No more debt collectors. Cool. That worked out for a year and a half or so.

At some point in 2003, I was served by BOA, and went to court. I wish I had tried to do something then, but, I knew nothing about it. Anyhow, I went to court, and the Judge prefaced the proceedings with a short speech about judgements. He basically said that if we could reach an agreement with the plaintiff to pay, and avoid judgement, it would save us a lot of headache, talking about how they could haunt us for 30 years or something to that effect. Of course, being 21 years old, and this being my first experience like this, I was terrified. When it came my turn, I agreed to speak with the lawyer to try to work out a payment agreement. I waited outside the courtroom for almost an hour, while the lawyer talked to the 2 dozen or so defendants BOA was suing. When he got to me, I was so nervous that I basically agreed to everything he said. He painted a very vivid picture of BOA seizing everything I owned or tried to buy, garnishing my wages and so on. Here is the agreement he made me sign:

In the county court in and for seminole county, Florida
Case number xx-xx-xxxxxx

Bank Of America, N.A.(USA)
vs.
me

JOINT STIPULATION

COMES NOW Plaintiff and Defendant(s) my name and jointly stipulate to the following matters in full settlement of all claims and counterclaims:

1. The above Defendant(s) shall pay to plaintiff the following sum:

Principal 4082.71
Interest 272.48
Court Costs 118.50
Attorney's Fees 0
TOTAL AMOUNT DUE 4474.69

2. The foregoing sum shall be paid as follows: Defendant shall pay to Plaintiff the sum of $125.00 on the 15th day of June, 2003, and $125.00 on the 15th day of each month thereafter until the Total Amount Due plus interest upon the unpaid balance at the rate of 6% per annum from 4/22/03 has been paid in full.

3. All payments shall be made payable to the Creditor with the notation "File No. xxxxxxxxxx" placed on the payment. Payment must be delivered or mailed to Zakheim & Associates, P.A., (address), Attorneys for plaintiff. ALL INSTALLMENT PAYMENTS MUST BE RECEIVED BY PLAINTIFF'S ATTORNEYS ON OR BEFORE THE DUE DATE.

4. Plaintiff agrees that Final Judgement shall not be entered so long as said payments are made as provided in this Stipulation.

5. Upon filing herein of Affidavit by the plaintiff's attorneys that the payments have not been made at the times and in the amounts agreed to (or should any check be returned by any bank for any reason), Final Judgement may be entered against the defendant without notice for $4474.69, less payments made pursuant to this Stipulation, plus interest at the rate of 6% per annum and execution may issue against the Defendant for the recovery of any amounts due and unpaid under this Stipulation.

6. If no Final Judgement has been entered herein, Plaintiff's attorneys will cause this action to be dismissed with prejudice upon timely receipt of all amounts required by the Stipulation from the Defendant.

7. Additional Agreement: NONE

Dated this 22 day of April, 2003.


my signature and the lawyer's.

At some point after that agreement (I'm almost positive it was February 2004, but my paper retention is terrible) I lost my job and would've missed a payment. Now, the way I read this agreement that I signed, they were going to automatically enter judgement against me. I saw no reason to keep paying.
So, I stopped paying. Again, this would've been Feb 04, give or take 1 month. I base this on the fact that I lost my job in Feb. Now, by my math, even if it was January, (which I doubt) I would've made $875 in payments. So, you take the total (which somehow climbed from $3071 to $4082), add in the interest for 3 years (of which, just under 2 have passed) and I'm at $4474.69. Subtract the 875, and I'm at ~$3600.

I just ran a credit report to see if they'd already passed judgement, and on 12/29/04, Bank of America reports that my balance is $5586, with $5493 past due. I'm trying to figure out how they got this number. I've already got an experian report and a TU report, and they both report the same balance, and both report in charge-off status (they have since sometime in late 2001, if I recall correctly.)

I'm at such a loss here. I'm going to run an equifax report here in a bit, and see if it's the same (couldn't find a free equifax service, so I'm gonna pay for it.)

Also, is there any way I can get this date extended at this late date? I mean, I wasn't even served with the papers. I assume someone else in my house was.

Any ideas or suggestions are greatly appreciated.

 

[Debt Guy]

Cero,

I'm not trying to be mean, but your irresponsibility is fast catching up with you. You need to do some serious thinking about how you deal with things.

I understand losing your job. I understand not being able to pay.

I don't understand failing to keep your records. I don't understand putting things off until the last minute.

You must appear for this deposition. You must bring all the documents listed on the subpoena with you. If you don't, the judge will hold you in contempt and could issue a warrant for your arrest.

I can't explain the numbers. You should ask the attorney for BOA for an accounting of payments made and charges. They should be willing to provide that. Keep asking questions until you understand.

If what you owe is different that what is reported to the Credit Reporting Agency, demand that it be changed. Again, they may drag their feet but they are required to report accurately. If they don't, you have a cause of action and can bring suit against them.

What this is all about is an asset hearing. They are attempting to discover where you work and where you bank. It is likely they will then garnish your wages and empty your bank account.

Take a deep breath. Get focused. Stay focused. Get this behind you as best you can.

 

[MamaLuna]

I can't explain the numbers. You should ask the attorney for BOA for an accounting of payments made and charges. They should be willing to provide that. Keep asking questions until you understand.

Hahahahahahahaahha, excuse me while I pick myself up off the floor!!!

No credit card company, nor there attorneys are EVER going to provide a consumer with any records of accounting. For if they did it would prove their own fraud! The most he'll get out of the bank or their attorney is a statement with the amount THEY say he owes.


It's certainly worth asking, but don't be surprised when they hand you a statement with an amount owed and no explaination.

You definately want to go to the deposition.

 

[Ladynred]

He has the RIGHT to ask for proof of HOW they came up with the number they say is owed. Granted, he should have asked a LONG time ago, before it got this far. Regardless of what your credit report says, the amount due for the judgment may be different and THAT is what you owe. The judgment itself accrues interest, you must take that into account as well. If you don't have a copy of the judgment papers, then you'd best get a copy of them from the court, it should explain everything.