Webone

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About Webone

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    FL
  1. I spoke with my lawyer and he said that an appeal would cost anywhere from $5,000 to $10,000 and that the chance of success in overturning the decision is low. He said he has never seen an appeal from the lower courts reversed on appeal, because the higher court judges don't like to reverse a decision from another judge. That was just one lawyer's opinion, although he has been on the consumer side for at least a decade. He did say how shocked he was that I lost. I could hear it in his voice that he was as outraged as I was at the proceedings of the court. He said the other lawyer showed up 20 minutes late for the trial (the judge held the trial for the lawyer), and that the witness for the bank was a joke. My lawyer also stated that there was no court reporter present at the trial, so that presents additional problems. A thought did occur to me though... if Hanna is bringing all of these lawsuits based on Bank of America assigning of accounts to FIA Card Services, wouldn't a "lack of standing" class action lawsuit be possible? There has to be other judges in the country who see that although Bank of America received millions billions of dollars in bailout money from the government, they are not allowed to skirt the law in the courtroom.
  2. The lawyer sent me something which had the titles "Final Judgment", "Statement of Fact", and "Statement of Law." Under the statement of law portion, my lawyer stated the following about the witness for FIA Card Services: "In order to prove standing, the witness was placed under heavy cross examination as to her qualifications as a records custodian for the Plaintiff. The witness was unable to verify the reliability of the documents Plaintiff presented to the court. The Plaintiff did not present any written evidence to the court in support of their position as to the issue of standing. Furthermore, Plaintiff was unable to produce any documentation evidencing that there was any assignment, contract or other documents showing any transfer or conveyance from ABC company (I put ABC company in there), to BofA, to FIA. The witness was unable to testify when any of the data pertaining to this account was entered or who entered the data into the computer system of Plaintiff. " He went on to say a few more things... and said "the witness's testimony was limited to reading from a statement, meaning she was not a qualified records custodian and failed to show the record was made at or near the time of the event, or that it was made by or from information transmitted by a person with knowledge as required by the Supreme Court of Florida. (he then references a case). He then states that the Plaintiff failed to answer Defendant's Request for Admissions in a timely manner, did not have a stipulation to file late responses, nor sought and received leave of court to file late responses. Then he questions as to whether or not the Plaintiff had standing to even bring the lawuit. "Since Plaintiff was unable to prove that the securitized account was sold, transferred or conveyed back to Plaintiff before they filed suit, they were unable to prove they had standing." How in hell did I ever lose this case?!? I am now taking donations for the appeal.
  3. This was in FL. My lawyer made several objections to the hearsay evidence presented by their "witness". My account was originally opened with Wachovia, who then transferred it to MBNA, who then transferred it to Bank of America. Then FIA Card Services. That's four different institutions who have had the account. Oh well... Florida only gives you 10 days to appeal. That wasn't enough time for me to consider my options.
  4. Here is my cautionary tale. I was served with a summons from a Bank of America card with an almost $4,000 balance, with FIA Card Services as the company requesting the funds. Law firm representing FIA - Hanna and associates. Case went to trial, and the judge ruled for the plaintiff. My lawyer made objections to the hearsay evidence presented at trial regarding record keeping, but was denied. Plaintiffs brought a witness from FIA, and had a copy of my signed credit card application from 1998. I just don't even think I can win on appeal. Good luck out there.