FIA Card Services is an aggressive debt collector that won’t hesitate to sue to collect. You may have already been sued or threatened with litigation from this company, or have been subjected to their harassing tactics. Acting quickly to resolve your debt can save you stress, time, and potentially money. Our debt settlement team is well-prepared to help you with debt collectors like FIA Card Services.
The Fullman Firm works on behalf of clients to clear their debts so they can move on with their lives. If you’ve been contacted by FIA Card Services, our debt settlement attorneys can help.
Who Is FIA Card Services?
Debtors have often never heard of the companies trying to collect from them, and FIA Card Services is no exception. If you’ve been in contact with this company, you may be wondering who they are.
The company was formerly known as MBNA. In 2006, MBNA merged with Bank of America and changed its name to FIA Card Services. The company is now a subsidiary of Bank of America.
However, the company is notorious for using unethical and illegal collection tactics. For example, FIA Card Services was fined $30 million for “unsound, unsafe, and illegal” practices such as:
- Filing or causing to be filed affidavits that were not based on personal knowledge or personal review of relevant debt documents (a key requirement for filing such affidavits)
- Filing or causing to be filed affidavits that were not properly notarized
- Failing to supervise outside attorneys hired for debt collection lawsuits
- Violations of the Servicemembers Civil Relief Act, which contains important protections concerning debt litigation involving members of the armed services
In other words, if you’re dealing with FIA Card Services, you can expect aggressive and maybe even legally questionable tactics. Regardless, FIA will work hard to collect the debt it alleges you owe. That could include anything from phone calls and letters to lawsuits and judgments.
Do I Have Any Rights Against FIA Card Services?
As a debtor, you do have certain rights against FIA under a federal law known as the Fair Debt Collection Practices Act (FDCPA). This law prohibits debt collectors from using unethical or deceptive practices to collect. A debtor can sue a collector like FIA for violating the FDCPA. Under this law, FIA cannot:
- Threaten you over the phone
- Use obscenities or profane language against you over the phone
- Call you at unusual hours of the day (e.g. after 9:00 pm)
- Withhold certain information about the debt from you
- Impersonate law enforcement
All communications you receive from debt collectors are subject to these and other restrictions. The debtor also has the right to verify the debt that he or she allegedly owes FIA. If the company contacts you about the debt, you can therefore ask for the following information:
- How much you allegedly owe
- The name and address of the original creditor
- A statement notifying you that you have 30 days to dispute the debt
Why is this right so important? Because many people are falsely named as debtors for accounts they don’t owe. Thanks to outdated files, identity theft, and other mistakes, some debtors mistakenly pay debts that aren’t even theirs.
What Can I Do If FIA Card Services Sues Me?
While FIA will likely use collection letters and phone calls against you, there’s a good chance the company will eventually sue you to collect. You are allowed to assert any legal defenses you may have against FIA, and to take action if the company violates the FDCPA. However, if you owe the debt and FIA doesn’t violate the law trying to collect it, there aren’t many options.
FIA will likely obtain a court judgment against you for the underlying debt plus other expenses like court fees. The judgment allows FIA to take even more aggressive action like seizing money from your bank account, putting a lien on your property, or garnishing your wages. Some debtors believe they can ignore the lawsuit, but this just makes it easier for FIA to win. If you ignore the lawsuit, the company can go to court and obtain a default judgment.
How Can Debt Settlement Help Me?
Debt settlement is a way to get rid of the debt you owe FIA, even if the company has already won a court judgment against you. As a debtor, you not only have rights but you potentially have leverage against a collector. Sending out collection letters, making phone calls, and filing lawsuits takes time and money. There’s also a good chance that the debtor won’t be able to come up with the money even if he or she loses a lawsuit. Collectors would prefer to avoid the hassle of these efforts by collecting at least something from the debtor.
An experienced debt settlement lawyer can help you negotiate a payoff amount that is lower than what you owe. However, this is a strategy that requires time and an understanding of how FIA operates. Our law firm has successfully resolved FIA debts for clients for much less than what they owed. We understand FIA’s tactics and how best to negotiate with them. When you retain us, you retain an experienced debt settlement law firm that goes to work for you on day one.
We’re Ready To Help You Today
It’s time to put FIA Card Services behind you. If you’ve been contacted or sued by this company, or even if FIA has already won a judgment against you, don’t lose hope. Call the Fullman Firm to discuss your debt settlement options today.