FIA Card Serives Vs ME

[jimjohnsonfury]

1. Who is the named plaintiff in the suit?

FIA Card Servies N.A

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Andreu, Palma, & Andreu

3. How much are you being sued for?

14k

4. Who is the original creditor? (if not the Plaintiff)

BANK of AMERICA

5. How do you know you are being sued? (You were served, right?)

served

6. How were you served? (Mail, In person, Notice on door)

person

7. Was the service legal as required by your state?

yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none

9. What state and county do you live in?

florida, duval county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2011

11. What is the SOL on the debt? To find out:

im still in it

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?

no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

no

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

says 20 days from service date, suit and request for admissions all rolled in one.. I will post what I got in the next post

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

they sent nothing at all.. basically my name on the suit as defendant and how much they say I owe in the suit.. no account numbers, nothing

see next post for what they sent

[jimjohnsonfury]

Here is what I got.. I will paraphrase to go faster

Title page

FIA vs ME

Request for Admissions

1. the amount is true and correct

2. supporting documents attached are true copies of original documents provided to defendant during period of time def. this account (no documents)

3. default interest rate was and continues to be 0

4. principal amount due is true and correct representation according to statements provided by original creditor for account. (no documents)

5. damages requested are liquidated and final

Complaint

Fia will show the following

1. jurisdiction - action for damages within jurisditional limits

2. service - def. may be served at address listed

3. venue - action is proper in county named

4. facts - plaintiff issued a card, def. recieved and used card and is obligated to pay for charges of card

5. On or about aug 2011 defaulted on obligation, entire balance is due

6. total account balance when card closed was 14k

FIRST CAUSE OF ACTION - breach of contract

7. issuance of a credit card constitutes the offer of a contract. (case law)

8. By using card, def. accepted contract and became bound to pay for all charges as well as terms and conditions of cardholder agreement.

9. Plaintiff sent to def. monthly bills reflecting, iner alia, all charges and balance. defendant did not send disputes. failure to submit disputes constitutes admission to balance. (amex trav. related srvs. v. silverman)

10. defendant defaulted in payment, caused plaintiff damages in amt. of balance due.

11. defendant presently indebted to plaintiff 14k, balance when account closed.

SECOND CAUSE - unjust enrichment

12. plaintiff conferred a benefit on def. by providing a cc at def. request.

13. def. received and used cc knowing plaintiff expected to be repaid

14. with each use of card, plaintiff paid money on def. behalf to merchants. it is inequitable for defendant to retain benefit with paying the value thereof

15. plaintiff entitled to recover 14k, the balance due. Plaintiff seeks judgement for this sum.

THIRD CAUSE - account stated

16. plaintiff asserts that def. use of cc to purchase goods represented a periodic account, for which issuer generated regular monthly statements

17. by submitting payments, defendant has accepted resulting balance

18. def. failed to dispute account within 60 day after receiving statements therefore agrees to the balance

19. defendant liable to plaintiff for 14k

20. through undersigned attorney, plaintiff demands payment. plaintiff performed all conditions precedent to filing of this action, or all such conditions precedent have occurred.

wherefore, premises considered, plaintiff prays that defendant be summoned to appear, and that upon entry of default or final hearing, plaintiff have judgment against defendant for

a. 14k

b. all costs of court

respectfully submitted

Desiree Andreu

Edited November 6, 2012 by jimjohnsonfury

[jimjohnsonfury]

So since I got 2 rolled in one, do I have to file the admissions separate from the complaint or can I file it back jointly with the court..

I did not receive ANY documents with this waste of paper.. the only identifying piece of information is that my name is on the front of the summons and my address is there.. No CC information of any kind, account number, copies of bills, agreement, nothing.

for admissions I would imagine since this account has not been identified,

1. deny. The defendant does not know what account is being referenced since no account numbers or supporting documents have been provided.

2. deny. The defendant cannot comment on supporting documents that have not been provided.

3. deny. Please see answers 1 and 2.

4. deny. Please see answers 1 and 2.

5. deny. Please see answers 1 and 2.

for summons

1. admit in as much that it appears you have filed in a court of duval county

2. admit in as much that I live at the address stated

3. admit in as much that i live in duval county

4. deny. I am not aware of what account you are referring to as no account number or supporting documents have been provided.

5. deny. Please see question 4.

6. deny. Please see question 4.

7. deny or admit.. (it just lists case law that says issuance of card constitutes offer of credit and use constitutes acceptance of the offer of credit.

8. deny. please see question 4.

9. deny. please see question 4.

10-20 deny. please see question 4.

thoughts?

and should i file these 2 documents seperate or together in a packet as they did..

thanks

[BrunoTheJDBkiller]

See what your rules say about discovery....often there is a requirement that if the request references a document, it must be attached.

[jimjohnsonfury]

I have until Friday to submit my response.

Do you think I should answer this summons or draft a motion to dismiss since they have not attached any documentation stating an account number etc...

I am located in Florida by the way.. Thanks for your thoughts

[jimjohnsonfury]

Thanks for all the replys..

next time I will post less to get more responses..

in my discovery procedures it does say that documents must be attached.. I am not sure if I can file a MTD at this time.. I will answer the summons with a denial mostly since that is what I know how to do at his point..

once again thanks for reading.. I will research and work on my own obviously...

[Seadragon]

The admissions need some work. I have a florida anser here somewhere. For the record ost people are in different states and may be looking up the rules from your state before they answer because they wouldn't want to bum dope ya.

So here is the answer in the form for florida:

http://www.creditinfocenter.com/forums/there-lawyer-house/314391-check-out-complaint-ads.html#post1172678

as for the responses to admissions, I think you should dial back the tone and go with this response.

So for the adissions:

Objection: Vague, ambigous, calls for a conclusion, Improper procedure.Defendant, lacks sufficient knowledge or belief as to the truth of the allegation and on those grounds hereby denies same. Plaintiff has attached no documentation required in it's complaint to establish a prima facie showing of a cause of action and thus the matter has not complied with the Statutory requirements.

and so on....

It is not that no one is reading it is just with 300 posts a day sometimes stuff gets pushed down.

Now I hope you get discovery out to them after you answer. It is best not to seem flipant in FL courts, the judges are Boss Hogg enough without poking them. So a respectful but argumentative to their position is best.

I grew up in FL and my mom was a Legal secratary there and my dad was a paralegal and they told me that the court hates non attorneys enough so don't write anything you would say to your own grandmother.

Now I am subscribing to this thread and will help all I can. We all know the fustration you must feel, because this is all new and you are still raw about it(we all felt that also). You have to transition from woo is me to navy seal in a ghillie suit. And don't loose hope once you get into it you will learn so much.

[Seadragon]

I have until Friday to submit my response.

Do you think I should answer this summons or draft a motion to dismiss since they have not attached any documentation stating an account number etc...

I am located in Florida by the way.. Thanks for your thoughts

I think the courts do not really like motions to dismiss. They have to allow a party a chance topresent their case. I think the answer is the best way to go. The court might not like the motion so early and of course in all things there is the good chance it will get denied. I wouldn't wouldn't go all in on the motion to dismiss. You at this early stage wouldn't be able to raise the evidence and standing issues effectively and their opposition may very well have some documents that eve though they are inadmissible taint the judges view of you from a defender to a trying to get overer.

The answer will help to define and give you more time to learn effective argument. Most everybody doesn't do well with these

[jimjohnsonfury]

Thank you very much for taking the time and point me in the right direction. I read the FL civil procedures and see that my 20th day falls on a Sunday so I actually have until end of day Monday (21st day) to file my answer.. code 1.090.a

I will use your example in the link and object to all of the Request for Admissions questions.

Objection: Vague, ambigous, calls for a conclusion, Improper procedure.Defendant, lacks sufficient knowledge or belief as to the truth of the allegation and on those grounds hereby denies same. Plaintiff has attached no documentation required in it's complaint to establish a prima facie showing of a cause of action and thus the matter has not complied with the Statutory requirements.

should I list the statue with that response

For the summons..

should I admit for the first three, Jurisdiction, service, and venue? It is all correct assuming they have a case.

with 4-20 I will use this denial

Defendant, lacks sufficient knowledge as to the allegations in paragraph four of the complaint and on those grounds hereby denies same.

Thanks in advance for your thoughts..

account stated statute 1.933 NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached.

[BrunoTheJDBkiller]

Request for Admissions

1. the amount is true and correct

2. supporting documents attached are true copies of original documents provided to defendant during period of time def. this account (no documents)

3. default interest rate was and continues to be 0

4. principal amount due is true and correct representation according to statements provided by original creditor for account. (no documents)

5. damages requested are liquidated and final

OBJECTION The Defendant objects to Requests 1-5 inclusive as they either call for a legal conclusion, call for the Defendant to validate the Plaintiff's evidence which is impossible and improper, or call for conclusions based upon documentation which is unauthenticated and hearsay.

[Seadragon]

I would not admit to jurisdiction either. How do you know they have standing to sue? That is personal jurisdiction.

the admission that venue is proper is debateable. The court will understand that you denied it because of the vagueness of their complaint.

I would put everything at issue with the lacks information stuff...

[BrunoTheJDBkiller]

You can do a general denial, but eventually you are going to have to defend this. OCs are harder to beat because the issue of ownership of the account is off the table. Just what is your defense? I cannot be that you lost your job or got sick or disabled, those are excuses not defenses.

[jimjohnsonfury]

I haven't developed a defense as of yet since they have not given me any information to tell me what account they are talking about.... I will draft a response up and post it later. I get another day to file since Monday is Veterans day.. a federal holiday..

thanks for the help

[BV80]

I haven't developed a defense as of yet since they have not given me any information to tell me what account they are talking about.... I will draft a response up and post it later. I get another day to file since Monday is Veterans day.. a federal holiday..

thanks for the help

Since they didn't give you an account number, I'd respond to the allegations about the account by stating:

Defendant has insufficient information to admit or deny and, therefore, denies.

You don't have sufficient information. It's the truth.

[BrunoTheJDBkiller]

Yes, you can deny, but eventually you will find out what this is about. I mean, how many accounts for 14K do you have with BofA? "They didn't give me the account number" is not a defense. Eventually they will give it to you. A defense is a legally supportable reason why you do not owe the money. Technicalities of paperwork have nothing to do with the underlying claim. What defense do you have to this?