How to Beat FIA Card Services in a Debt Lawsuit

April 19, 2024

How to Beat FIA Card Services in a Debt Lawsuit

Sued for a debt by FIA Card Services? This guide is for you. Use ZumaZip 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 ZumaZip. 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:

You are the individual responsible for the debt;
FIA Card Services possesses the legal right to sue you; and
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.

ZumaZip 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 ZumaZip’s library of in-depth resources and information related to effectively responding to debt collection lawsuits, including lawsuits filed by FIA Card Services.

ZumaZip Suit Helps You Fight Back Against Debt Collection Companies

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

Here is how it works, in most cases – ZumaZip 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 ZumaZip to file it for you and to have an experienced and knowledgeable attorney review the document.

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.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

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Hey there! Facing off against a debt collector can feel like a daunting challenge, but fear not! We’re here to help you navigate through it all with our handy guides designed to assist you in beating every debt collector you encounter. Whether you’re facing a new lawsuit or dealing with a persistent collector, we’ve got your back. Stay positive, stay informed, and let’s tackle this together!

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