Legal Question in Credit and Debt Law in California

victim of fraud

I received a summons last week. It says that bank of america is suing me for an outstanding balance of a little over $5500.

A year and a half ago I got scammed by those people who send you fake money orders that get cashed at the bank almost instantly until about two weeks after when they realize they're bogus. So the bank charged them all on my account where I was left overdrafted at about -$4800. The bank then closed my account, and I was referred to collections.

May of 2008, I was contacted by the collections agency and demanded I pay $200-300 per week. I was a college student with no job. My father was willing to help me with about $100 a month, but the agency would not take my offer. That was the last I heard from them.

So now I have received this summons, and I contacted the attorney representing Bank of America. They have given me two choices to pay a one time lump sum of $3000 or a 90-day three time installment plan of about $5000. I am a recent graduate and out of a job. I have no one to help me financially.

What should I do? Should I still get a lawyer to try to make alternative arrangements? Is it even worth getting a lawyer to represent me? What should be my next action


Asked on 1/15/09, 2:10 pm

1 Answer from Attorneys

Joshua Swigart Hyde & Swigart

Re: victim of fraud

These cases are defensible and affordable to defend. You have to take some action to respond within 30 days of receiving personal service or Bank of America will enter a default against you. Feel free to contact our office for any advice you may need.

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Answered on 1/15/09, 11:53 pm


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