Expert: Barnette Law Offices, LLC - 6/1/2009

Question
QUESTION: Hello. Today I got a rather disturbing and loud knock at my door by a sheriff's official with a summons from Bank of America suing me for an outstanding balance from when I had an account with them. The reason why I left BofA on such bad terms is because they were so hell-bent on charging my checking account with one NSF fee after another after another and it gotten to the point where I wasn't able to deposit any of my work check into the account in order to pay for the NSF, as well as bring my account up to a positive balance.  I haven't had an account with them since around 2004-05. It's now some 4-5 years LATER, and they are trying to sue me. Do I have any legal rights under my belt to fight this? The summons told me not to make a phone call, as it would not protect or help me. What should I do? Please help? Can they put me in the slammer because of this? Thank you.

ANSWER: Randy:

To begin, no, you cannot be incarcerated for this civil action.  That said, the statute of limitations may well have expired but, you will need to check your state code.  If it has, assert that as an affirmative defense in your Answer or Motion to Dismiss on that premise.

If you're in Tennessee, we at Barnette Law Offices, LLC may be able to assist.  Please do not hesitate to contact us at Barnette Law Offices, LLC, with any further questions and feedback is always appreciated.

Jason Barnette, Esq.
Barnette Law Offices, LLC
Consumer, Employment, and Personal Injury Law
1800 Hayes Street; Suite 122
Nashville, TN 37221
Ph: 615-585-2245
Fax: 615-250-8787
http://www.barnettelawoffices.com
info@barnettelawoffices.com

---------- FOLLOW-UP ----------

QUESTION: Hello. Thank you for replying. I'm in California- San Diego to be exact. I don't know about the statute of limitations here. They're asking for over $2000- which I simply don't have!! Is there any way that I can ask for payment installments until the debt is paid in full? Thank you.

Answer
Randy:

You may certainly ask for an installment arrangement.

Jason Barnette, Esq.
Barnette Law Offices, LLC
Consumer, Employment, and Personal Injury Law
1800 Hayes Street; Suite 122
Nashville, TN 37221
Ph: 615-585-2245
Fax: 615-250-8787
http://www.barnettelawoffices.com
info@barnettelawoffices.com