Who is the real Plaintiff FIA

[Ruffian]

or Attorney collecting from account assigned to Local attorney debt collector.

Is Attorney for Plaintiff a JDB and should FIA be listed as the Plaintiff?

Attorney claims FIA assigned debt to them for collection

BOA says they assigned/gave debt to Trakamerica when they charged off debt

Does any of this REALLY matter?

BOA claims that when debt is given to Trakamerica the new arbitration terms apply which were in 7/2010 and my cc agreement terms of 2004 or even 2009

do not apply....WHAT?????

Have I gone thru all this trying to compel arbitration for naught???

And when SJ is entered I will now have additional Attorney fees because I tried to compel arbitration as per my cc agreement?

Not sure what this was all for is none of it really counts anyway...............

[howucan2]

FIA is a subsidiary of BOA it was established 2006 in consolidation of MBNA & Fleet cards.FIA is a separate business entity. But by collecting under the FIA name they are now a 3rd party collection agency.

For FIA to claim that they are the OC would be deceptive practices.

Aaron v. FIA Card Services 2:10-cv-00883 (WV) Sued FIA and Client Services for violations of VW debt collection law and the FDCPA. Davis v. FIA Card Services (NJ).

8:09-cv-00955-SCB-TBM Borngen v. FIA Card Services, N.A.

In this case, FIA was sued for violating the FDCPA. In one part, they deny FIA is subject to the FDCPA because they are part of B of A. In another part, B of A denies any knowledge of FIA's actions, or that B of A has any relationship to the plaintiff's card account - because it is an FIA account.

Also Google this case and read in regards to arbitration.

FIA Card Servs., N.A. v DiLorenzo 2009 NY Slip Op 50305(U) Decided on February 20, 2009 District Court Of Nassau County.

[saytar]

Do you really believe everything they tell you is right?

These people will lie, manufacture documents, and steal your wife if would get them their SJ and money.

You use your statement from whenever you opened the account. That statement counts. P on their boots.

Why go through all this?

Why not, you have nothing to lose (except your money).If one plan of attack doesn't work, find another angle and attack there. The worst that can happen is they MIGHT get a SJ from you.

If you don't they WILL get a SJ from you.

THis is what most people fail to realize is they want money and if they can get it without a fight, their that much richer and the poor consumer is poorer yet.

[Ruffian]

FIA is a subsidiary of BOA it was established 2006 in consolidation of MBNA & Fleet cards.FIA is a separate business entity. But by collecting under the FIA name they are now a 3rd party collection agency.

For FIA to claim that they are the OC would be deceptive practices.

Aaron v. FIA Card Services 2:10-cv-00883 (WV) Sued FIA and Client Services for violations of VW debt collection law and the FDCPA. Davis v. FIA Card Services (NJ).

8:09-cv-00955-SCB-TBM Borngen v. FIA Card Services, N.A.

In this case, FIA was sued for violating the FDCPA. In one part, they deny FIA is subject to the FDCPA because they are part of B of A. In another part, B of A denies any knowledge of FIA's actions, or that B of A has any relationship to the plaintiff's card account - because it is an FIA account.

Also Google this case and read in regards to arbitration.

FIA Card Servs., N.A. v DiLorenzo 2009 NY Slip Op 50305(U) Decided on February 20, 2009 District Court Of Nassau County.

Thank you

Where can I find /read the case law?

Aaron v. FIA Card Services 2:10-cv-00883 (WV) Sued FIA and Client Services for violations of VW debt collection law and the FDCPA. Davis v. FIA Card Services (NJ). ( I do not belong to Pacer)

I

[BV80]

FIA is a subsidiary of BOA it was established 2006 in consolidation of MBNA & Fleet cards.FIA is a separate business entity. But by collecting under the FIA name they are now a 3rd party collection agency.

For FIA to claim that they are the OC would be deceptive practices.

Aaron v. FIA Card Services 2:10-cv-00883 (WV) Sued FIA and Client Services for violations of VW debt collection law and the FDCPA. Davis v. FIA Card Services (NJ).

8:09-cv-00955-SCB-TBM Borngen v. FIA Card Services, N.A.

In this case, FIA was sued for violating the FDCPA. In one part, they deny FIA is subject to the FDCPA because they are part of B of A. In another part, B of A denies any knowledge of FIA's actions, or that B of A has any relationship to the plaintiff's card account - because it is an FIA account.

Also Google this case and read in regards to arbitration.

FIA Card Servs., N.A. v DiLorenzo 2009 NY Slip Op 50305(U) Decided on February 20, 2009 District Court Of Nassau County.

Where are these cases? How did the courts rule? Are they published case law?

[howucan2]

Pacer, I don't know if by now they can be found on Google Scholar or Google itself !

This one is on Justia.com or Google search.

FIA Card Servs., N.A. v DiLorenzo 2009

[KentWA]

FIA Card Servs., N.A. v DiLorenzo :: February, 2009 :: New York Other Courts Decisions :: New York Case Law :: US Case Law :: US Law :: Justia

[Swatch]

Hey Ruffian, I had FIA file a case against me and it ended up being dismissed without prejudice by FIA.

What is the address listed for FIA on the complaint? On mine the complaint said FIA but the address was for TrakAmerica in Florida. Seeing as how I like to research and investigate things, I called and spoke with the Law Firm that was handling the case and was told by one of the representative that the "client" was TrakAmerica.

[Ruffian]

I called TA and they said the case was given to a local attorney.

Complaint states local attorney address,

[BV80]

Hey Ruffian, I had FIA file a case against me and it ended up being dismissed without prejudice by FIA.

What is the address listed for FIA on the complaint? On mine the complaint said FIA but the address was for TrakAmerica in Florida. Seeing as how I like to research and investigate things, I called and spoke with the Law Firm that was handling the case and was told by one of the representative that the "client" was TrakAmerica.

Some states allow a collection agency to sue for the OC. Does IN have such a law?

[Swatch]

BV80, In Indiana here is what I found:

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

(1) An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought, but stating his relationship and the capacity in which he sues.

(2) When a statute provides for an action by this state on the relation of another, the action may be brought in the name of the person for whose use or benefit the statute was intended.

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.

In my case Trak America was never mentioned in the complaint. They just had FIA as the Plaintiff with Trak America's address.