George Simons | December 01, 2022
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.
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 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:
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.
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:
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.
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'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.
"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
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.
Here is an overview of what you need to do if you are sued by FIA Card Services for an alleged outstanding debt:
Best of Luck!
Here's a list of our guides for all 50 states.