How to beat FIA Card Services in a debt lawsuit

George Simons

August 13, 2020

If you are the swimmer, and FIA Card Services is the gator, then SoloSuit is the Elbow-Drop Guy.

Summary: Sued for a debt by FIA Card Services? This guide is for you. Use SoloSuit to respond in 15 minutes.

If you received a phone call or letter from FIA Card Services and you are now asking yourself, “Why is this company trying to sue me for an unpaid debt?” you are not alone. Each year, thousands of people are hounded by debt collection companies, including FIA Card Services, and hauled into court for alleged unpaid debts. If you were served with a collection lawsuit filed by FIA Card Services, do not give up hope. You have rights and potentially strong defenses that could enable you to prevail in the debt collection lawsuit.

To get a better sense of your legal rights and options, check out the resources provided by SoloSuit. We are focused on helping consumers who are being sued for alleged outstanding debts by companies like FIA Card Services. We've compiled important information, forms, and data in order to help demystify the process of responding to, and litigating, a debt collection lawsuit.

Overview of FIA Card Services

FIA Card Services was previously known as MBNA. However, after MBNA merged with Bank of America in 2006, the company changed its name to FIA Card Services. It is currently a wholly owned subsidiary of Bank of America. FIA Card Services also became infamous after it was revealed that the company was engaging in unethical and downright illegal practices while pursuing debts from individuals.

FIA Card Services Fined Millions for Engaging in Unsound and Illegal Behavior

FIA Card Services was ordered to pay a $30 million fine for engaging in “unsound, unsafe and illegal” processes when attempting to collect debts from individuals. The multi-million dollar fine was levied by the Department of the Treasury through the Office of the Comptroller of the Currency (“OCC”). The fine was levied after the OCC determined that FIA Card Services engaged in the following illegal and unethical practices:

  • Filed affidavits inaccurately stating that they were based on personal knowledge (in reality, they were not based on personal knowledge).
  • Filed affidavits stating that the underlying documents associated with the affidavit were personally reviewed (in reality, the relevant documents were never actually reviewed).
  • Filed affidavits lacking proper notarization.
  • Repeatedly violated the Servicemembers Civil Relief Act

These violations are quite serious and downright disturbing. Why? Because affidavits are signed under penalty of perjury. Basically, when someone signs an affidavit, they are swearing that the information contained within the affidavit is based on “personal knowledge” and the individual who signed the affidavit took the time to review all of the relevant documents that accompany the affidavit. The OCC determined that FIA Card Services ignored and neglected these legal requirements and, in many instances, the individual signing the affidavit was engaging in a flagrant exercise of unfiltered dishonesty.

How to Defeat FIA Card Services in Court - Overview of Affirmative Defenses to Raise in Your Case

When a debt collection company like FIA Card Services files a Complaint, you have the chance to provide your side of the story, and point out the serious deficiencies in the debt collector's lawsuit. This opportunity is afforded through your “Answer” to the Complaint.

The first affirmative defense you should raise is demanding that FIA Card Services prove you are actually the person responsible for the alleged debt. Remember, in a debt collection lawsuit, the debt collection company bear the burden of proving you actually owe the debt. This means the debt collection company must establish the following:

  1. You are the individual responsible for the debt;
  2. FIA Card Services possesses the legal right to sue you; and
  3. You owe the amount specified in the Complaint.

If FIA Card Services does not have sufficient evidence to establish these basic facts, then there is a very good chance you will prevail over FIA Card Services in the lawsuit.

SoloSuit helps you make the right defense the right way.

Another affirmative defense to consider using, if applicable, is the expiration of the statute of limitations. You may be asking, “What is a statute of limitations?” Well, the statute of limitations is basically the amount of time an individual or company has to file a lawsuit against another individual or company. If the facts of your case indicate that FIA Card Services failed to take legal action within the applicable statute of limitations, you could potentially file a motion to dismiss the lawsuit.

To learn more, take a moment to review SoloSuit's library of in-depth resources and information related to effectively responding to debt collection lawsuits, including lawsuits filed by FIA Card Services.

SoloSuit Helps You Fight Back Against Debt Collection Companies

SoloSuit's mission is to help take the mystery out of responding to a debt collection lawsuit.

Here is how it works, in most cases - SoloSuit is a step-by-step web-app that asks you specific questions. Once you answer the list of specific questions, you have the option to either print the completed legal forms and mail in hard copies to the court where the debt collector filed suit, or you can pay SoloSuit to file it for you and to have an experienced and knowledgeable attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need help in responding to a debt collection lawsuit, consider utilizing SoloSuit. Want to learn more? Take a moment to review these FAQs to learn more.

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Key Takeaways on What To Do If You are Sued by FIA Card Services

Here is an overview of what you need to do if you are sued by FIA Card Services for an alleged outstanding debt:

  • Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
  • Make sure you file your Answer within the timeframe provided by the Court.
  • Never admit liability for the debt
  • Demand that FIA Card Services produce evidence showing that you actually owe the debt.
  • Consider raising the affirmative defense that FIA Card Services failed to file its lawsuit within the applicable statute of limitations.

Best of Luck!

Additional Resources

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit.

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