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.
I DID NOT Talk with the lawyers from the site; I just read their info: (copy and paste the link below into your browser)
http://sliwinski.lawoffice.com/Credit-Card-Defense-Center.shtml
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.
Good luck, and don't be scared.
Jim