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FIA Card services/Sharinn & Lipshie summons.


ZeroOne0
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This past saturday I was served a summons from FIA card services/Sharin & Lipshie.

 

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.)

  Sharinn & Lipshie, P.C.

 

3. How much are you being sued for?

  $10,000

 

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

  BoA

 

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

  Received a summons demanding jugement

 

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

  In Person.

 

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

  Yes, 20 days to respond

 

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?

  NYS, Albany

 

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

  I don't recall. (2010 or 2011)

 

11. What is the SOL on the debt?

  NYS is 6 years, NC (Plaintiff address) 3 years

 

12. What is the status of your case? Suit served? Motions filed?

  Served a "Verified Complaint"

 

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?

  20 Days

 

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

  None, just the Summons

 

 

 

 

Summons Page 1

 

SUPREME COURT STATE OF NEW YORK,

COUNTY OF ALBANY

========================================

FIA CARD SERVICES, N.A.                                                Date Purchased:

                                                                                           Index No.: ####-##

                     Plaintiff

-Against-

ZEROONE0                                                                         Plaintiff's designates ALBANY

                                                                                            County as Place of Trial

                      Defendant(s)

                                                                                            SUMMONS

                                                                                            The basis of the venue is

                                                                                             Defendants' residence.

 

                                                                                             Plaintiff resides at

                                                                                             4161 PIEDMONT PKWY

                                                                                             GREENSBORO, NC 27410-8110

==========================================

To the above named defendant(s):

YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your

answer, or, in the Verified Complaint is not served with this summons, to serve a notice of appearance, on the

Plaintiff's attorneys within 20 days after the service of this sumons, exclusive of the day of service, where service is

made by delivery upon you personally within the state (or within 30 days after the service is complete if this summons

is not personally delivered to you within the state of New York); and in case of your failure to appear or answer, Judgement will be taken against you by default for the relief demanded in the Verified Complaint.

Dated: September 6, 2013

 

Defendants' Address:

My Road

My Town

defandant 2

                                                                                                   Signature (Rule 130-1.1-a( B))

                                                                               by:                                                                               

                                                                                                                          Amanda Moreno/Scott C. Charinn

                                                                                                                          Sharinn & Lipshie, P.C.

                                                                                                                          Attorneys for Plaintiff

                                                                                                                          333 Earle Ovington Blvd, Ste 102

                                                                                                                          Uniondale, New York 11553

                                                                                                                          (516)873-####

 

          DEFENDANTS P.O.B.

 

Claim # ########

Acct# ***********************####

*** THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WIL BE USED FOR

THAT PURPOSE****

 

Page 2

 

THE SUPREME COURT STATE OF NEW YORK,

COUNTY OF ALBANY

=====================================================VERIFIED COMPLAINT

FIA CARD SERVICES, N.A.

                        Plaintiff

   -Against_

ZEROONE0

                        Defendant(s)

======================================================

Plaintiff, by its attorneys SHARINN & LIPSHIE, P.C., complaining if the Defendant(s), respectfully alleges:

1.      That all times hereinafter mentioned, the Plaintiff FIA CARD SERVICES, N.A. ,is a National Bank with

offices ocated at 4161 PIEDONT PKWY GREENSBORO, NC 27410-8110 .

2.       Plaintiff is not required to be licensed pursuant to NY CPLR 3015 (e).

3.       That upon information and belief the Defendant(s) is/are and at all times hereinafter mentioned was/where a resident of the county where this action is brought.

4.       That there are monies due from Defendant(s) to Plaintiff, plus agreed and/or reasonable attorney fees if any, for charges incurred and/or loans granted in connection with credit card(s) issued by Plaintiff pursuant to credit card agreement(s) made in compliance with the law, a Copy of which agreement(s) where duly mailed to Defendant(s), on which there is a balance due of $10,000.00 and that in addition there is attorney fees of $.00, making a total sum due from Defendant(s) to Plaintiff of $10,000.00, no part of which sum has been paid, although due and duly demanded.

5         The above debt arises from account number *********************####

WHEREFORE, plaintiff demands judgement against Defendant(s) for the sum of $10,000.00, and attorney fees of $.00, plus costs and disbursements of this action.

                                                                                                                             Signature (Rule 130-1.1a( B))

                                                                                                                                                                                  

Dated: September 6, 2013                                                                                                     SHARINN & LIPSHIE,

                                                                                                                                                        P.C.

                                                                                                                                               333 Earle Ovington Blvd, Ste 102

Uniondale, New York                                                                                                                      Uniondale, New York 11553

 

STATE OF NEW YORK                                }

COUNTY OF NASSAU                      }ss:

 

I, the undersigned an attorney-at-law, admitted ot practice in the Courts of New York, shows: deponent is associated with  the firm of   SHARINN & LIPSHIE, P.C. attorney of record for the Plaintiff in the within action; this verification is ade by the undersigned because plaintiff is not within the same county wherein your deponent maintains his office. Deponent has read the forgoing complaint and knows the contents thereof; the same is true to deponent's knowlege except to matters therein stated to be upon information and belief, and as to those matters, deponent believes it to be true. The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are as follows: records belonging to plaintiff(s) in posession of deponent.

 

 

                                                                                                                                                                                           

                                                                                                                                             Amanda Moreno/Scott C Sharinn

 

Client Acct# *******************####

Claim #   ########

 

*** THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WIL BE USED FOR

THAT PURPOSE****

 

 

I am prepairing my answer, and I will post soon.

 

Any tips/pointers would be awesome!.

 

Thank you

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Answer, I used several answers I have seen to draft this.

 

THE SUPREME COURT STATE OF NEW YORK,

COUNTY OF ALBANY

=====================================================

FIA CARD SERVICES, N.A.

                        Plaintiff

   -Against_

ZEROONE0

                        Defendant(s)

======================================================

 

ZeroOne0, hereinafter "Defendant", appearing pro se, answering the complaint naiming FIA CARD SERVICES, N.A. as plaintiff.

All answers are numbered and correspond to the numbered complaints. All allegations of the complaints hereinafter are denied unless explicitly affirmed.

 

   1. Defendant cannot vaildate the truth of this statement.

   2. Defendant cannot validate the truth of this statement.

   3. Defentant affirms.

   4. Defendant cannot validate the truth of this statement.

   5. Defendant cannot validate the truth of this statement.

 

 

Defendants Defenses are:

 

   1. Defendant claims a general denial. No exchange between the plaintiff or the plaintiffs attorney (Sharinn & Lipshie, P.C.) and the defendant

   2. Defendant claims no business relationship with the plaintiff or the plaintiffs attorney (Sharinn & Lipshie, P.C.)

   3. Defendant reserves the right to amend answers and/or defenses at a later date.

 

 

 

After submitting my answers above I was going to wait 1 week and subit a BOP

 

Everything seem point in check to everyone?

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