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Attorney (Credit Collector#3) Suing on Behalf of FIA Card Services for CCdebt

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Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact...

I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09.

After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as a debt collector".

"Demand is hereby made upon you for the payment in the amount of $4xxx.xx (PRINCIPAL). Your payment should be made by certified check, cashiers check, or money order paid to the order of:

HER, at HER address."

It occurred to me, that BOA had charged off the acct, and sold it to JDB pool. The attorney (the 3rd collection agency)  tried to get it from me, and failing that, filed suit naming FIA as the plaintiff. She submitted an AFFIDAVIT from an FIA custodian of record. 

To make a long story short, I filed a Motion to Oppose Summarry Judgement, and attached an exparte motion to Strike the Affidavit, and Motion to Dismiss. I completely misunderstood the court clerk, and sent the lawyer the attached motions,(so all 3 can be heard in court at once on 6/27) a day late of the 3 day order. Court clerk said she'll probably know anyway from online court calendar, but I'm thinking it will get continued for my late mailing. The main premise of my motion to oppose and dismiss is alleging that the real plaintiff is the attorney, and that FIA is a third party to the action, but has assisted the atty. 

But my main question, after finding this site, is....... what can I expect in court on 6/27? The attorney has never been in court. 

Over This

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A collection agency (CA) is not necessarily a JDB.  The are CAs who collect for original creditors but never purchase the debt themselves.

 

Check FIA's entry on your credit report.  If they sold the account, their entry will reflect that it's been "sold" or "transferred".  If it doesn't show that, then FIA still owns it.

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FIA has an inquiry on my credit report, BOA shows it 'charged off'.

The attorney sent a demand letter for the amount to be paid to HER.

Next thing I get is court summons with her representing FIA.

There is so much distrust, and I know it makes no difference, but the banks got bailed out, I didn't. I feel like this attorney rolls the dice and sends out demands to a hundred people, knowing 90% wont show up in court. I watched 8 people before me, (who werent there) get default judgements against them. Then its my turn, and for the 3rd time, the attorney isn't there. So, I filed the Motion to Oppose the Summary Judgement, etc. Do you think I made the wrong move?

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My main question is, what can I expect and what will be expected of me? When I go to court Thursday, should I be presenting something or am I just going to see what the judge decides, and thats it?

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"This makes 3 in a row this week – I’ve listened to people who claim they are being sued by Capital One, when in fact it is an attorney’s office acting as a collectorwho is suing. What’s the difference? Plenty.


For one thing, it’s fraud. In each of the cases, the consumer called Capital One who confirmed they did not own the debt any more and had “assigned” the debt to Law Firm X. This changes the rules of the game in court significantly. If the Plaintiff in a lawsuit is a third party (not the original creditor), basically everything they say in court can be ruled as hearsay."


Admin post from earlier.... isn't this the position I'm in?

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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):
                               Sorry, doing this a**backwards... excuse the newbie, please......
1. Who is the named plaintiff in the suit?   

FIA Card Services

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Lynn A. S. Araki-Regan & Associates, LLC

3. How much are you being sued for?
~ $4500

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 to daughter at residence

 

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

In person

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
#1: demand letter from Atty to pay and mail to HER

 

9. What state and county do you live in?
Honolulu County, Hawaii

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11/2011

 

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

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  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Served with notice to appear->(appeared) it had been continued -> continued again -> atty filed Motion for Summary Judgement-> I appeared unprepared with intent to oppose. Since she wasnt there again, Judge continued to 6/27. I filed Motion to Oppose Summary Judgement, and with clerks' assist, separately filed Motion to Strike Affidavit and Motion to Dismiss. I misunderstood clerk about picking up the last 2 motions for mailing and she had my phone # wrong, so I Fed Exd to atty 2 days prior to hearing (6/27) not 3 days. (She is on another island) So, the Strike and Dismiss probably won't be heard, unless she is no show again, and Judge continues

 

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

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 has been no interrogatory, only notice to appear, and MSJ. I've never seen the lawyer in person

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.
In the MSJ they included an affidavit from FIA custodian of record, 2 bank statements with diff acct #s and diff amounts

 

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

ZoomButt.gif
 

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