How do you respond to a civil suit filed by fia card service for a line of credit?

Answer 1

THE FOLLOWING IS NOT LEGAL ADVICE, AS I AM NOT A LAWYER. THIS IS FOR INFORMATIONAL PURPOSES ONLY!!

1. I would search for "credit card lawsuit defense" and read that info. I found a law firm site that showed how they defend these suits that was very helpful.

This site was really helpful, and will explain why I filed the answer below. Read part 56 of the linked page for more on this.

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2. I would get help from the legal aid office in your county.

3. Here is what I filed when they sued me here in FL:

IN THE CIRCUIT COURT FOR THE 7TH

JUDICIAL CIRCUIT IN AND FOR

ST JOHNS COUNTY, Florida

CASE NUMBER

CV09-xxxxx

FIA CARD SERVICE, N.A.

Plaintiff

vs.

xxxxxxxx

Defendant

/

ANSWER

1. Count 1: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.

2. Count 1: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.

3. Count 1: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.

4. Count 2: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.

5. Count 2: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.

6. Count 2: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.

Dated: ______________

_____________________________

City, FL xxxx

Back to my discussion:

From what I understand AS A LAYMAN, if fia cannot prove the three foregoing items in my answer, and provide the original proof of these docs to me, I could file a motion to dismiss the case.

I have learned that MOST OF THE TIME, the banks like fia will NOT have these docs, and will lose a case as a result!

However, I am getting ready to file a federal counterclaim v. fia and their lawyers for FDCPA (Fair Debt Collection Practices Act) violations. I will ask the Court to remove the entire case to Federal Court.