How to Resolve a FIA Card Services Debt Lawsuit

You received a letter or call from FIA Card Services. Now you’re wondering why they’re threatening to sue you for an unpaid debt.

You’re not alone. Thousands of people face debt collection lawsuits from FIA Card Services each year. But you have rights and strong defenses available.

You can fight back and potentially win your case.

What Is FIA Card Services?

FIA Card Services used to be called MBNA. Bank of America acquired MBNA in 2006 and renamed it FIA Card Services. The company is now a wholly owned subsidiary of Bank of America.

FIA Card Services became notorious for using unethical and illegal collection practices. The company has faced serious penalties for breaking the law.

FIA Card Services Paid a $30 Million Fine

The Office of the Comptroller of the Currency fined FIA Card Services $30 million. The fine came after investigators found the company engaged in unsafe and illegal practices.

Here’s what FIA Card Services did wrong:

• Filed affidavits falsely claiming they were based on personal knowledge
• Submitted affidavits claiming documents were reviewed when they weren’t
• Filed affidavits without proper notarization
• Repeatedly violated the Servicemembers Civil Relief Act

These violations are serious because affidavits are signed under penalty of perjury. When someone signs an affidavit, they swear the information is accurate and based on personal knowledge.

FIA Card Services ignored these requirements. Many affidavits were blatantly dishonest.

Why Is FIA Card Services Calling You?

FIA Card Services calls to collect a debt. If you ignore their collection efforts, they may sue you.

When FIA Card Services contacts you, ask them to validate the alleged debt. If they validate it, you can negotiate to settle for less.

Our partner Solo can help you respond to their lawsuit and protect your rights.

How to Settle Debt With FIA Card Services

You can negotiate with FIA Card Services to settle your debt for less than you owe. Here are proven strategies that work:

• Be upfront and honest about your financial situation
• Expect counteroffers and be ready to negotiate back and forth
• Don’t threaten bankruptcy unless you’re serious about filing
• Understand that FIA Card Services may settle for 50% to 70% of the balance
• Get any settlement agreement in writing before making payments

Collection agencies representing original creditors are tougher negotiators. FIA Card Services collects for Bank of America, so they may not accept very low settlement offers.

Stay patient and persistent. Most debt collectors will work with you if you demonstrate good faith.

How to Defend Yourself Against FIA Card Services in Court

You must respond to the lawsuit by filing an Answer with the court. Your Answer gives you the chance to tell your side of the story.

You can point out serious problems with FIA Card Services’ lawsuit. Here’s how to build your defense.

Make FIA Card Services Prove Their Case

FIA Card Services bears the burden of proof. They must establish three key facts:

1. You are the person responsible for the debt
2. FIA Card Services has the legal right to sue you
3. You owe the exact amount they claim

Demand proof of these facts in your Answer. If they can’t provide sufficient evidence, you could win your case.

Check the Statute of Limitations

Every state sets time limits for filing debt collection lawsuits. The statute of limitations varies by state and debt type.

If FIA Card Services waited too long to sue you, the debt is time-barred. You can file a motion to dismiss based on expired statute of limitations.

Check your state’s statute of limitations before responding to the lawsuit.

Challenge Their Documentation

FIA Card Services has a history of filing fraudulent affidavits. Given their $30 million fine for dishonest practices, scrutinize their evidence carefully.

Look for these red flags in their documentation:

• Generic affidavits that lack specific details about your account
• Missing signatures or improper notarization
• Unsigned or unverified account statements
• Lack of original creditor documentation proving they own the debt

Point out these deficiencies in your Answer. Our partner Solo helps you file a strong Answer that raises these defenses properly.

How to File Your Answer

You must file your Answer within the deadline specified in your summons. Most states give you 20 to 30 days to respond.

Missing this deadline results in a default judgment. FIA Card Services wins automatically and can garnish your wages or freeze your bank account.

Your Answer should include:

• Your response to each claim in the complaint
• Affirmative defenses like statute of limitations
• Demands that FIA Card Services prove their case
• Any counterclaims you have against them

File your Answer with the court and send a copy to FIA Card Services’ attorney.

Know Your Rights Under Federal Law

The Fair Debt Collection Practices Act protects you from abusive collection tactics. FIA Card Services cannot:

• Call before 8:00 AM or after 9:00 PM
• Contact you at work if you’ve told them not to
• Use vulgar, threatening, or harassing language
• Discuss your debt with third parties
• Misrepresent the amount you owe
• Threaten legal action they don’t intend to take

Document any violations. You can sue debt collectors who break the FDCPA and recover up to $1,000 plus attorney fees.

What to Do Right Now

Take action immediately if FIA Card Services sued you. Follow these steps:

• Note the deadline to respond in your summons
• Gather all documents related to the alleged debt
• Document any harassment or FDCPA violations
• Never admit you owe the debt
• Demand that FIA Card Services prove you’re liable
• Check if the statute of limitations has expired
• File your Answer before the deadline

You can fight back and protect yourself. Many people successfully defeat debt collection lawsuits or negotiate favorable settlements.