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Ok, here we go-

Served summons by Somerset County, NJ Sheriff 9/30/2010 at 13:00 est

Summons

Received summons from Forster, Garbus & Garbus attorney for plaintiff

FIA CARD SERVICES, N.A.

Demand: $35,019.28, summons: $196.00, mileage: $4.00, Atty fee: $ , total cost: $200.00

Acct. No. : xxxxxxxxxxxxxx Ref. No.: xxxxxxxxxxxxxx

Civil Action Summons (contract)

The plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit. If you dispute this complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it.

35 days from date of service is 11/4/2010, I plan on filing the copies of my answer and CIS Friday 10/29/2010 via registered mail to the plaintiff’s attorney Forster, Garbus & Garbus as well as the court clerk listed in the document.

Complaint

Is stamped twice,

One says: Sheriff’s Office Somerset County NJ RECEIVED 2010 JUN 30 PM 4:29

Other says: Sheriff’s Office Somerset County NJ RECEIVED 2010 JUL 30 PM 12:06

Same attorney, plaintiff, defendant, acct. no., ref. no., docket number is on this one, complaint (on contract) is stated on this sheet.

Plaintiff:

FIA CARD SERVICES, N.A. Located at: 655 Papermill Rd Newark, DE 19711

Complaining of defendant says:

1. Upon information and belief, the defendant in person or through an agent, made credit card purchases or took money advances under a credit card or line of credit account or promissory note or loan which a copy was furnished to defendant, or services rendered or used, as indicated above in the total amount of $35,019.28.

2. Defendant has defaulted and there is now a balance due and owing of $35,019.28 which includes all charges, service charges and reasonable attorney’s fees plus interest and costs which the defendant did agree to pay in accordance with the terms of their contract.

3. Demand has been made upon defendant for payment, but payment has been refused.

Wherefore, judgment is demanded for $35,019.28, including reasonable attorney’s fees and lawful interest, plus costs of suit.

Trial attorney designation

Glenn S. Garbus is here by designated as trial attorney, signed by Glenn S. Garbus

Certificate pursuant to R. 4:5- 1

Pursuant to R. 4:5- 1, the undersigned certifies that to the best of his knowledge, the within matters in controversy are not the subject of any other action pending in any other court or of a pending arbitration proceeding nor is any action or arbitration contemplated nor are other parties required to be joined in this action.

Dated: 6/22/10 Forster, Garbus & Garbus, signed by Glenn S. Garbus- attorney for plaintiff

(Please note that we are required, under federal law, to advise you that we are debt collectors and any information we obtain will be used in attempting to collect this debt).

Questions for the forum:

Summons

1. Rules of the court say a copy of the CIS and TAN must be included with summons and complaint, they were not. An issue worth mentioning?

2. Why is the amount next to the atty fee: $ left blank yet total cost says: $200.00? Is this why it says “plus costs of suit” under judgment demanded?

3. What are the account and reference numbers listed? I’m assuming credit account number.

4. I looked up FIA CARD SERVICES and apparently they’re fidelity and they purchased BOA which had previously purchased MBNA?

5. The summons says (contract) but again no additional documents supplied with summons and complaint.

6. Having been served on 9/30/10, if I mail the responses via registered mail Friday 10/29/10 will the receipt from the post office be sufficient as documentation that the 35 day time limit giving me until 11/4/2010 was met?

Complaint

7. Complaint is dated 6/22/10, and then stamped received by Sheriff 6/30/10 and 7/30/10, yet I wasn’t served until 9/30/10. What happened? (I spoke to the Sheriff’s office and they assured me I had 35 days to respond from the date served 9/30/10).

8. The complaint says (on contract) but again no additional documents supplied with complaint and summons.

9. “Upon information and belief, the defendant in person or through an agent, made credit card purchases or took money advances under a credit card or line of credit account or promissory note or loan which a copy was furnished to defendant, or services rendered or used, as indicated above in the total amount of $35,019.28.” What copy are they referring to, was this something that would have been in the missing CIS and TAN? Why aren’t they able to state how this debt was incurred accurately?

10. “Defendant has defaulted and there is now a balance due and owing of $35,019.28 which includes all charges, service charges and reasonable attorney’s fees plus interest and costs which the defendant did agree to pay in accordance with the terms of their contract.” No contract or proof of default has been provided that I’m aware of and I have never refused to pay a financial obligation in 35 years.

11. Though this paragraph also states “there is now a balance due and owing of $35,019.28 which includes all charges, service charges and reasonable attorney’s fees plus interest and costs” the next paragraph contradicts this by stating “Wherefore, judgment is demanded for $35,019.28, including reasonable attorney’s fees and lawful interest, plus costs of suit.”

12. The plaintiff states that the matters are “not the subject of any other action pending in any other court or of a pending arbitration proceeding nor is any action or arbitration contemplated”. Does this mean there will be no option to mediate or arbitrate (same thing?) at a later date? If so why wasn’t the opportunity provided prior to filing?

13. Finally, “(Please note that we are required, under federal law, to advise you that we are debt collectors and any information we obtain will be used in attempting to collect this debt)”. Does this mean that the law firm has purchased the debt as FIA CARD SERVICES appears to be Fidelity?

Thank you for taking the time to read this lengthy post, I’m preparing my answer and CIS using the excellent information of this boards members and without all your contributions I would be at a considerable loss as I cannot afford an attorney. I DO HOWEVER BELIEVE IN HELPING OTHERS AS YOU DO AND AS STATED IN THE BEGINNING I AM A COMPUTER EXPERT, PLEASE DON’T HESITATE TO LET ME HELP ANY OF YOU.

Thank you.

[tigra]

Hello and welcome. Here is what I can tell you based on my knowledge:

1. You can list this as one of your affirmative defenses together with the rule of RCP.

2. 200 is what it cost them to file the summons and have it served.

3. Account number and probably either their internal file # for your account or sometimes account number may be changed by the creditor after charge off, if its 16 digits on your paperwork, then thats the case.

4. FIA is the assignee for BOA or MBNA. They dont necessarily have to buy this account in order to collect on it.

5. They are not required to attach contract/agreement to summons, unless the law specifically says they do.

6. If you send a copy to the attorney by certified mail to get to them within 2-3 days, it will be enough, assuming you are given 35 days to answer. Just make sure to file an original with the court before the deadline.

7. The stamp is to show when the sheriff received the complaint. Your deadline to respond starts from the day you were served.

8. Please see my answer #5.

9. I am pretty sure they are referring to the agreement.

10. Did you have a BOA account with a credit line around 30K that you stopped paying?

11. Not gonna answer something i am not sure about, sorry:(

12. Basically you cannot be sued on this account if it is currently involved in binding arbitration proceedings or if there is already an action pending in another court on this account, because any claim regarding this matter would have to be a counterclaim of the same lawsuit. For example, if you sue them for something regarding this account TLA, FDCPA, FCRA, TCPA, etc., they cant litigate on this same account as a separate court case. They would have to file their complaint for breach of contract as a counterclaim within same lawsuit, unless you are suing them in a lower court, and their counterclaim exceeds an amount the court has jurisdiction over. Then they would have to transfer to a higher court that can handle claims of that amount. Now regarding arbitration. They mean private/binding/contractual arbitration, which basically might be a part of your agreement. When you or them properly and timely exercise your right to binding arbitration, both of you loose your right to have a jury trial on that claim or continue litigating that claim through court. You can exercise your right to arbitration prior or during lawsuit. It all depends on your state's arbitration act and arbitration clause in bank's agreement. When binding arbitration is elected properly and timely and granted by the judge, they cant continue suing you through court. Thats why they stated tat this matter is not part of any other lawsuit or arbitration, simply confirming its legal for them to sue you in this court. Binding arbitration is completely different from court ordered arbitration and mediation though.

13. This means that this law firm that is suing you on behalf of FIA is a debt collector, and under FDCPA they have to disclose it.

I hope I was able to more or less answer your questions:)

[tigra]

I know Foster and Garbus, they are in NY. My friend was getting sued by them. They wont really think twice before violating FDCPA, and are nasty to talk to. Thats when saving all the mail, post office receipts, phone statements and voice recorders becomes handy lol. We got their lawsuit dismissed and got 2K from them for FDCPA violations