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Being summoned to court by FIA Card Services & Marvin Dang


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Here's the story I've been served a summons from Marvin Dang the plaintiff is FIA Card services which was filed in December 2012 attached is an Affidavit typed out by a Custodian of Records for Fia card services. Next attachment is the summons on which court to report to. Just yesterday I received a 'COPY' of a 'RE: Debt validation notice' dated November 13, 2012 I dot know what to do from here I need to appear in court on the 11th to avoid Default of judgement.

Any advice would help!

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If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

FIA CARD SERVICES, N.A.

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

Marvin S.C Dang

3. How much are you being sued for?

$3,568.60

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

Fia card services, N. A

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

Served at my house

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

In person

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

To my knowledge YES

Process Service Requirements by State - Summons Complaint

Show up to court on March 11th

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?

Honolulu Hawaii

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

November 13, 2012

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

Statute of Limitations on Debts

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).

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?

There claiming I owe fia card services $3,568.60 & no there was no questionnaire

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

A cover letter telling me to contact the law offices of marvin c dang regarding the complaint.

A affidavit by a custodian of records officer of the plaintiff fia card services.

And the Summons

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Don't recall ever having a case from your state here, so I am not familiar with your court rules. They should be on line, that will give you the procedure you need to follow.....how to answer the suit, how long you have, etc. This sounds like small claims from the amount, that has different rules, more relaxed. Is this your debt? What is your defense?

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http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm

 

 

Well that took five seconds, you need to learn how to do research if you're going to fight these people. An answer is not a defense. A defense says "I do not owe you any money, and here is why." It is rather difficult to beat an original creditor on a recent account, they usually have all the paperwork.

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I've done a lot of research these past few days trying to find ways and learn ways to fight this, I've learned that this debt could have been bought by the lawyer Marvin Dang but NOT certain still trying to find the truth to that.

I know it has not reach the Statue of Limitations so I can't use that

Also I've been reading where a CC can't just write up an affidavit of claims stating I owe them money without proof? Am I wrong?

Can the CC provide me an ORIGINAL signature of the contract I supposedly signed?

Transactions they say I made?

All I know is to appear to this court date so that they don't get that judgement just YET

I've read ALOT of forums and still find myself in a circle

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I've done a lot of research these past few days trying to find ways and learn ways to fight this, I've learned that this debt could have been bought by the lawyer Marvin Dang but NOT certain still trying to find the truth to that.

 

If FIA is the Plaintiff, they own the account. Marvin is their attorney, he does not own the account.

I know it has not reach the Statue of Limitations so I can't use that

 

Correct

Also I've been reading where a CC can't just write up an affidavit of claims stating I owe them money without proof? Am I wrong?

 

Yes, you are. It's up to you to counter their affidavit.

Can the CC provide me an ORIGINAL signature of the contract I supposedly signed?

 

No, because you never signed one. Credit card contracts are not signed, forget this.

Transactions they say I made?

 

Transactions are on the monthly billing statements. It's too late to dispute any you think you didn't make.

All I know is to appear to this court date so that they don't get that judgement just YET

I've read ALOT of forums and still find myself in a circle

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If you have no recollection of this alleged account you can go to this website and request a free credit report.

You are entitled to one, free, every year.

 

The reason that I asked about the year the alleged account was opened is that FIA Card Services used to have an arbitration clause in their Card Member Agreement. If you can successfully get this case into arbitration rather than litigate it in court .......... FIA Card Services will, in all probability, just drop it ......... they don't like to arbitrate (it costs them too much money).

 

First step is to find out if this is on your credit report and to find out the date that is being reported as the 'account opening date'.

Second step is to acquire the Card Member agreement for that year (there are resources on this board for that).

Third step is to notify FIA's attorney of record that you are electing arbitration to resolve your differences.

 

These are just general steps and it may become a bit more complicated but, if you have knowledgeable judges in HI ........ it is an alternative to court.

 

I have had one suit dismissed against FIA using this tactic who then sent it to another collection agency who, when I elected arbitration in a debt validation letter, quietly sank back into the floorboards (where they belong).

 

Read up on arbitration to see if it's a strategy you might employ.

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