sweetpea77 Posted November 17, 2009 Report Share Posted November 17, 2009 We already had our first court date in October and they set the arbitration date for April 2010. I filed an answer and affirmative defense to which the plantiff (JDB - FIA Card Services) filed a motion to dimiss. The court date is on Friday (10/20/09) and I am at a loss of what to do. Can I file a DV now and postpone the court date or do I try and find a lawyer before Friday to help. I really do not have the money to hire a lawyer, but I also do not want to pay everything they are asking...especially since they are a JDB and NOT the original creditor. They have provided no proof that BoA sold them this debt...so my question is can I stil file a DV at this point in time?Please help...I posted yesterday and received no answers. Thanks in advance!!! Link to comment Share on other sites More sharing options...
willingtocope Posted November 17, 2009 Report Share Posted November 17, 2009 I'm a little confused on the date's here. You've already had a court appearance in October? And "they" set arbitration for April? Who's "they"? And why are you having another court date (I assume you meant 11/20...this coming Friday)? Link to comment Share on other sites More sharing options...
sweetpea77 Posted November 17, 2009 Author Report Share Posted November 17, 2009 The court appearance in October was an arbitration summons...basically nothing happened other than the court assigning a date in April 2010 for the arbitration to take place. Before our court date in October I filed the answer and affirmative defenses. Since the court date, the law firm filed a motion to strike the affirmative defenses and the court set a hearing date for this Friday. Sorry for the confusion! Link to comment Share on other sites More sharing options...
BrokeBob Posted November 17, 2009 Report Share Posted November 17, 2009 What sort of arbitration is this? Is this court arbitration or outside arbitration, through AAA or JAMS? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 17, 2009 Report Share Posted November 17, 2009 FIA IS BoABoA rolled all their cc stuff, especially MBNA and Fleet cards, into FIA. You can try to argue standing but at this point most courts are comfortable with the fact that FIA is a subisdiary of BoAYou may be too late for a DV. Link to comment Share on other sites More sharing options...
admin Posted November 17, 2009 Report Share Posted November 17, 2009 You're way too late for a DV.BTW, DVs aren't "filed". They are sent to the collection agency. DVs don't have any effect on an OC. Link to comment Share on other sites More sharing options...
sweetpea77 Posted November 17, 2009 Author Report Share Posted November 17, 2009 This is a court arbitration. Link to comment Share on other sites More sharing options...
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