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Sued by FIA Card Services c/o Michael J Scott


scott77
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Plaintiff: FIA Card Services, N.A.

Law Firm: Michael J. Scott, PC

Lawsuit Amount: $5245

Original Creditor: Bank of America

Service of Suit: Notice on door, posted legally on 10/21

Correspondence Prior to Suit: None that I'm aware of

State/County: Texas - Dallas Co.

Last Payment: 9/2009

Statute of Limitations: 4 years

Status of Case: Currently in discovery period

Disputed Debt? No

Debt Validation Requested Prior to Suit? No

How Long to Respond: 10 days (responded)

Evidence: None provided

Nature of Case: "Plaintiff seeks a recovery for damages arising from Defendant's breach of a Credit Account agreement entered into by the Defendant, which Defendant utilized and for which Defendant became obligated to repay. Plaintiff sues herein for breach of contract and for monies owed pursuant to the account. Plaintiff seek a money judgment against the Defendant, as well as its attorney's fees and costs."

I want to dispute this, but not sure if I have a leg to stand on and if I can get everything together before the discovery period ends. I filed an answer to the original petition and request for admissions, denying all since I have no proof that FIA Card Services took over the debt from Bank of America. There is no mention of Bank of America in the lawsuit, and it implies that my original agreement was with FIA Card Services.

I've thought about settling, I've thought about submitting a Request for Production or a Request for Admissions, and I've thought about going to court and hoping for the best, but I'm honestly not sure where to start.

Any advice would be appreciated.

Thank you!

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FIA is a subsidiary of BofA. Know thy enemy.

I really don't know how hard FIA is to beat.

As for where to start, you've already started. You responded to the suit. After that, you should be learning the rules of civil procedure, the rules of evidence, digging every little scrap of info about the law firm that you can, digging into how FIA fights its suits and thinking about discovery requests to send them.

FYI, I have found that SEC filings can be useful. IIRC, they changed their record keeping procedures around 2006. If there were any transactions on the alleged account prior to that, it could become very relevant. That information might just be found in any post-2006 investor prospectus for their credit card master trust, though I haven't looked. I have seen a statement about their static pool information regarding changes that occurred around 2006.

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