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FIA Card Services/ TrakAmerica


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Plaintiff:

FIA Card Services NA

999 Vanderbilt Beach RD Ste 605

Naples, Florida 34108

So I tried to look up the number for this place but couldn't find FIA Card Services at this Address, it turns out the address is for TrakAmerica.

I called the law firm representing FIA Card Services Bowman, Heintz, Boscia and Vician, P.C. Had to settle talking with Greg extension 333 in the Customer Service Department because apparently you can't speak with the attorney that filed the suit, so you're stuck with customer service. I then asked Greg if he had the number for the Plaintiff because I couldn't find FIA at that address. He then informs me that he can't give me that number but that it is FIA Card Services/ Bank of America but "TrakAmerica" OWNS the debt.

So now I'm not sure if Greg is correct and if he is why would FIA Card Services use TrakAmerica's address?? So am I dealing with just FIA or TrakAmerica?? This is so confusing. The only thing attached was an "Affidavit of Debt" signed by a Deon Wilkes with FIA Card Services; of which was Notarized in North Carolina. So I'm wondering if Deon Wilkes is actually employed by FIA or TrakAmerica??

If anyone has dealt with any of this I'd love to hear from you.

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From experience:

ONLY correspond with FIA in writing!!! ONLY WRITE TO THEM using CERTIFIED MAIL, Return Receipt Requested (the green postcard looking thing.)

You can use this correspondence in court as evidence if need be.

I REPEAT: DO NOT DISCUSS ANYTHING OVER THE PHONE. Do not admit that this is your debt in any way shape or form. Do not call it "your debt". Make them prove it is yours. A robo-signed affidavit is NOT going to cut it.

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MehtaMar, thanks for your response! That's why I was trying to get the number from the address on the summons because I actually was only calling to ask for Deon Wilkes to see if they actually worked there. If it turns out TrakAmerica "owns" the debt then shouldn't they be the Plaintiff?

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Something is wrong here. If the complaint says FIA Card Services is the plaintiff, then who is this Trakamerica? From what I can find, they are a collection agency. You cannot be sued by a collection agnecy unless they own the account. Do you have the complaint and summons served to you? Is there a court case number? The affidavti from NC is nothing to worry about, NC is the national HQ for Bank of America, which FIA is part of. It's their credit card division, they are incorporated in Delaware and try to use Delaware law through their cardholder agreement.

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Let's see here, you called opposing counsels office and they told you TrakAmerica owns the debt. Sit down now and prepare an affidavit as to the contents of the conversation and who you talked to. Then draft a motion to dismiss with sanctions. Greg was speaking for the law firm and admitted that they have filed false documents with the court.

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KentWA, thanks for responding. I called the law firm again today to just verify the accuracy of what Greg had told me yesterday about TrakAmerica owning the debt. This time I spoke with a Karen at extension 338 and she told me that TrakAmerica owns the debt but they, the law firm was just handling the suit for them. I'm not sure how I would even start to deal with sanctions.

So my thinking is one of two things happened, of which I could totally be wrong:

1. FIA Card Services is the current owner but they would be left having to answer as to why they are using an address for Trak America or

2. Trak America is the owner and they filed the lawsuit using the Original Creditors name which is FIA Card Services

When I file my order for the judge to sign, I'm assuming that's where the types of relief I am looking for go?

Do you think it would be possible to ask for in the order for the Law Firm to produce the phone conversations that were recorded when I called? I personally asked Greg if the conversation was being recorded and he said that it was. My fear is that they will get deleted or say they didn't record the conversation. I guess I will have my phone records showing that I did in fact call.

Edited by RumbleBee
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From your conversation you have stumbled across a situation that does not happen often, very very unlikely infact. The attorney is committing a fraud on the court if what his office staff is telling you is correct and it likely is. Since the named party is not the true party, grounds for dismissal is proper as well as sanctions. To invoke the possiblity of sanctions, at the end of your motion you simply state something to the effect of "This court should properly dismiss this action with prejudice and impose appropriate sanctions upon plaintiff and plaintiff's counsel."

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Hello BV80,

The Complaint States the following.

FIA CARD SERVICES NA

999 VANDERBILT BEACH RD STE 605

NAPLES, FL 34108

PLAINTIFF

-VS-

MYSELF

DEFENDANT

Plaintiff alleges:

1. That defendant is indebted to the plaintiff in the sum of $2635.45 for goods, wares, merchandise and/or services sold to defendant at his special instance and request, and charged on a credit card issued by plaintiff.

2. That the sum of $2635.45 is now due and unpaid together with interest and costs pursuant to Indiana law.

Wherefore, plaintiff demands judgment against the defendant for the sum of $2635.45, plus accrued interest in the amount of $_______.00, plus additional interest at the rate of ______.00 % per annum from April 15, 2011 and costs and all other proper relief.

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Hello BV80,

The Complaint States the following.

FIA CARD SERVICES NA

999 VANDERBILT BEACH RD STE 605

NAPLES, FL 34108

PLAINTIFF

-VS-

MYSELF

DEFENDANT

Plaintiff alleges:

1. That defendant is indebted to the plaintiff in the sum of $2635.45 for goods, wares, merchandise and/or services sold to defendant at his special instance and request, and charged on a credit card issued by plaintiff.

2. That the sum of $2635.45 is now due and unpaid together with interest and costs pursuant to Indiana law.

Wherefore, plaintiff demands judgment against the defendant for the sum of $2635.45, plus accrued interest in the amount of $_______.00, plus additional interest at the rate of ______.00 % per annum from April 15, 2011 and costs and all other proper relief.

FIA is the servicer for Bank of America. If it were me, I'd check BofA's entry (or FIA) on my credit report to see if the account is reported as "sold/transferred" or "sold to another lender"...something to that effect.

If your CR indicates the account was sold, I'd immediately speak to an attorney. Rule 17 of the IN Rules of Trial Procedure states:

Rule 17. Parties plaintiff and defendant--Capacity

(A) Real party in interest. Every action shall be prosecuted in the name of the real party in interest.

No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time after objection has been allowed for the real party in interest to ratify the action, or to be joined or substituted in the action. Such ratification, joinder, or substitution shall have the same effect as if the action had been commenced initially in the name of the real party in interest.

That rule says you would have to object and the attorney could fix his "error".

Call the Indiana Bar Association and tell them you need the name of a consumer attorney ASAP. In some states, if you are referred to an attorney by the bar association, that attorney will give you either a free consultation or charge a discounted rate. An attorney could tell you how to handle the situation.

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FIA is Bank of Amrica. Any conversations you had with any employees on the phone are inadmissible as you have no recording and are heresay. Additionally, these employees are reciting facts as they believe them to be. They are not liable in any way. If they made a mistake, too bad. After being sued, your responsibility is to communicate with opposing counsel. If you did so and got a non lawyer, the same thing will apply. The facts are as stated in the complaint, this is what you must deal with. Don't parse small details, concentrate on your defense. That's my humble opinion.

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LegalEagle,

If you had read my original post you would have seen that I DID contact the Attorney handling the case. That's how I found out the address stated on the Complaint is for Trak America, Not FIA Card Services.

Secondly, the conversations wouldn't be "hearsay" because you are given the Debt Collector mini Miranda that the conversation is being recorded TWICE once when you call and then again before you speak to an associate.

Finally, how can you speak to the attorney if you are not given the option? You don't think that I wouldn't ask to speak with the attorney handling the case?? Both times I called I was told since I'm not at attorney I can't speak with the attorney and that the only time I would be able to is in court.

I'm not buying the whole "mistake" bull. I could possibly see it if one associate said that but two different associates saying the same thing?? That's something the Opposing Counsel will have to answer if they use that excuse of which will turn into why is the address for the Plaintiff, FIA Card Services listed on the complaint for Trak America?

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LegalEagle,

If you had read my original post you would have seen that I DID contact the Attorney handling the case. That's how I found out the address stated on the Complaint is for Trak America, Not FIA Card Services.

Secondly, the conversations wouldn't be "hearsay" because you are given the Debt Collector mini Miranda that the conversation is being recorded TWICE once when you call and then again before you speak to an associate.

Finally, how can you speak to the attorney if you are not given the option? You don't think that I wouldn't ask to speak with the attorney handling the case?? Both times I called I was told since I'm not at attorney I can't speak with the attorney and that the only time I would be able to is in court.

I'm not buying the whole "mistake" bull. I could possibly see it if one associate said that but two different associates saying the same thing?? That's something the Opposing Counsel will have to answer if they use that excuse of which will turn into why is the address for the Plaintiff, FIA Card Services listed on the complaint for Trak America?

Do you know if the debt is still within the SOL?

Your Answer to the Complaint is going to be simple considering they only have 2 allegations. If it were me, I'd answer each allegation with the same response:

1. Plaintiff has provided no documentation to support the allegation. Defendant does not recall the alleged debt and has insufficient information to admit or deny. Therefore, Defendant respectfully denies.

2. Same

I would also follow Coltfan's advice to others regarding affirmative defenses and wouldn't use any right now UNLESS you find out the debt is outside the SOL. If the debt is outside the SOL, definitely use that defense.

Read your rules of civil procedure. If allowed, instead of affirmative defenses (other than the SOL), I might state, "Defendant reserves the right to add affirmative defenses as they become known through discovery."

Edited by BV80
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Stop with the phone calls you could speak with an attorney and still not get anywhere or something said on the phone can be denied in court. Ask your question in writing give them time to answer then file your objections with a copy of your letter.

I'm finding out that in litigation even at the pre-beganing it is wise to document all your efforts so that you avoid the he say she say syndrome. Be Blessed! S.A.

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LegalEagle,

If you had read my original post you would have seen that I DID contact the Attorney handling the case. That's how I found out the address stated on the Complaint is for Trak America, Not FIA Card Services.

Secondly, the conversations wouldn't be "hearsay" because you are given the Debt Collector mini Miranda that the conversation is being recorded TWICE once when you call and then again before you speak to an associate.

Finally, how can you speak to the attorney if you are not given the option? You don't think that I wouldn't ask to speak with the attorney handling the case?? Both times I called I was told since I'm not at attorney I can't speak with the attorney and that the only time I would be able to is in court.

I'm not buying the whole "mistake" bull. I could possibly see it if one associate said that but two different associates saying the same thing?? That's something the Opposing Counsel will have to answer if they use that excuse of which will turn into why is the address for the Plaintiff, FIA Card Services listed on the complaint for Trak America?

This is going to be a bit contentious, and I want to say up front that it needs to be done. Not out of animosity, because I do not know you and have no axe to grind. My mission is to help people defend agaisnt these companies. However, some people seem to think they know more than we do and argue with the answers we give, based on improper legal conclusions. That said, here we go. Sorry if this offends you in any way, but you have to learn that when you come here and ask for help, you'll get it. You may not agree with it, but that is not our problem. We have VAST experience with this stuff and you do not. That's just the way it is.

I did read the post, and I gave an opinion based upon a lot of court experience going back a lot of years. Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. these "associates" have nothing to do with your account, nor do they speak for the attorney representing the plaintiff, who, as you just found out, won't talk to you. They also ran some BS by you telling you that he won't talk to you because you are not an attorney? Try that one with the bar association. Then again, the attorney didn't say that to you, the uninformed associate did.

The "bull" is that they will CLAIM a mistake made by an uninformed, uninvolved party. Didn't you think it odd that the lawyer refused to talk to you? I know why he wouldn't. Sure, you got the mini miranda. That protects THEM, not you. Ask for the recording. Bet the machine wasn't on.

I suggested that you communicate with opposing counsel, not specifically call him up, because he will never talk to you. Send a letter, registered mail if you are so concerned about what address they used on the complaint. I doubt it will get you anywhere.

I see this all the time; people come here for advice, and when you give it to them, they jump ugly with you. Okay, do it your way. Waste your time arguing about addresses, parties in interest, legal standing to sue, etc. When it's all over, all you'll have is a judgment against you because you wasted all your time on petty details instead of formulating a good defense.

Tell you what, get a second opinion since you don't like mine. You're worried about the address for this dump? They collect for BOA. They probably share office space. Some idiot who wrote up the complaint was probably hung over abd used the wrong address. So what? Ever read the rules of procedure? If you did, you wouldn't be pursuing this. Try Coltfan1972. Tell him you're going to try to get the case dismissed because the address on the complaint doesn't match your idea of who the plaintiff is. See what he says.

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I don't think I was ugly with you legaleagle I just stated what I thought. If you take that as someone being "ugly" then that's not something I can help you with.

The "associates" may not speak for the individual attorney in general but as employees of the Law Firm they are in fact representatives of the firm.

"The "bull" is that they will CLAIM a mistake made by an uninformed, uninvolved party." The parties became involved when they relayed the information. Let them CLAIM a mistake was made, but lets remember that same "mistake" was made TWICE by two different associates.

Before you start acting all HIGH and MIGHTY and thinking I'm going to have an judgement against me, you need to know my record in cases like these. This is my third and final case with a Collection Civil case the first two I got Dismissed WITH Prejudice, yes you read that correctly WITH Prejudice. Yes, I will continue to "do it my way" as it has worked for me thus far. I posted this thread as I had never had a situation like this.

So, since you have all of this experience and such should I just let all the "mistakes" that the two associates told me just go and not even bring it up? If the two "associates" are giving me false information wouldn't you see that as them hindering my defense of which I am trying to build?

Edited by RumbleBee
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I'm glad you were able to win your cases. My point is that you are pursuing something that is totally meaningless. No court will care about the plaintiff's address.

August 29, 2008

Trak America leased 2,395 square feet of office space at 999 Vanderbilt Beach Road, Suite 605, Naples from FTC Naples LLC. Clint Sherwood of Investment Properties Corp. negotiated the transaction.

Contact us today:

(800) 277-4431

information@trakamerica.com

humanresources@trakamerica.com

If you’re looking for recovery management for your accounts receivables, TRAKAmerica provides turnkey solutions. Our services include superior data analytics through the use of proprietary scoring techniques and the management of a nationwide network encompassing more than 180 independent law firms and 12 nationally licensed agency call centers. At TRAKAmerica, we manage complete supply chain programs on behalf of our clients, resulting in streamlined workflows and significant cost savings. Leveraging our best-in-class analytical scoring capabilities, we have a lengthy record of partnering with the ARM industry's leading credit grantors and debt buyers to optimize recoveries through rigorous data-driven decision-making.

My best guess is that FIA uses them to manage these accounts. FIA was formerly MBNA, which invented the securtization of credit card debt. My best guess is that your account is part of one of these packages. This is shown on the Bank of America web site under investor relations. Maybe somebody typed in the wrong address. I still think it's a defect that can be cured in five minutes, not worthy of your attention. Good luck, hope you win again.

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