Author Topic: Suit from Fred Hanna, FIA, Magistrate Court, GA  (Read 18622 times)

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mavefaldon

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Suit from Fred Hanna, FIA, Magistrate Court, GA
« on: March 30, 2014 05:34:18 PM »
1. Who is the named plaintiff in the suit?
FIA Card Services

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Frederick J. Hanna & Associates, P.C.

3. How much are you being sued for?
$2900

4. Who is the original creditor? (if not the Plaintiff)
Bank Of America

5. How do you know you are being sued? (You were served, right?)
Summons

6. How were you served? (Mail, In person, Notice on door)
In person

7. Was the service legal as required by your state?
Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
"Attempt to collect a debt" letter, and response letter to my DV

9. What state and county do you live in?
Carroll County, GA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
November 2009

11. What is the SOL on the debt?
6 years

12. What is the status of your case? Suit served? Motions filed?
Filed an Answer (General Denial, No Affirmative Defenses)

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
Yes

14. Did you request debt validation before the suit was filed?
Yes (And elected Arbitration in the DV letter)

15. How long do you have to respond to the suit?
End of March, Already filed Answer

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Just a Statement of Claim from Magistrate Court, note that it says "Default on Account"


I have not yet initiated Arbitration with JAMS, though I plan to if can get the fee money in time.  Nor did I have Affirmative Defenses on the Answer.  Both because I was not on this forum soon enough! lol

After Answering the complaint, I received a letter from Magistrate Court to attend a Mediation Session on April 25th. 

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #1 on: March 30, 2014 06:05:04 PM »
http://www.cardmemberagreements.org/fia/


If you defaulted in 2009, the agreement above is the one that was in effect. It had NAF, not JAMS. It specifies that if NAF is not available (they are not, they don't do consumer arbitration anymore) "we" may choose a different arbitrator. "We" is defined in the agreement as the Bank, not you.

You will not be able to initiate with JAMS if it is not in the contract. FIA will probably pick AAA. If you initiate, they may drop the case. File the MTC and specify that they must, by contract,  provide the name of the chosen arbitrator.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #2 on: March 30, 2014 06:39:37 PM »
Dont worry about initiating arb yet. Just file an MTC and make sure to bring a copy with you on your hearing date.

Here is a link to someone else who just beat the JDB scum on a FIA contract in GA small claims cattle call:

http://www.debtorboards.com/index.php/topic,26188.0.html

Read how annoyed the lawyer was and how she lied and violated federal law while scraping the bottom if the barrel. All you have to do is keep pushing arb and they will dismiss. You wont see the judge and you wont have to initiate.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #3 on: March 30, 2014 06:53:08 PM »
Thanks so much!  I had wondered if I should bother initiating if it's AAA.

fisthardcheese: It's the OC, unfortunately.  I had considered arguing SOL since it's a "Default on Account" (4 years SOL on open-ended accounts) rather than "Breach of Contract"  (6 years for written contracts). But since I didn't put in an Affirmative Defense, I doubt it would work. 

Thanks again!

Benthere

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #4 on: March 30, 2014 07:36:55 PM »
Ok Newbie here so correct me if I am wrong.  Is GA not a borrowing state.... if so then FIA is in  DE has a three year on open accounts

I believe this is right but others on here have soooo much more experience in this. 
8106. Actions subject to 3-year limitation.

No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of 8108-8110, 8119 and 8127 of this title.

I could be wrong.  You will have to look up the above to make sure it's right.   I have seen DE listed as both 3 and 4 year states.  California Attorneys state that DE is a 3 year on open accounts..  Which would put you out of the SOL. 

If it's not a borrowing state.. then #$@#@#  sorry. 

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #5 on: March 30, 2014 07:37:20 PM »
It is not AAA yet, THEY get to pick the arbitrator. Given the choice between AAA and JAMS, they will specify AAA because it is cheaper. Then again, FIA does not usually go into arbitration unless it is a huge amount of money.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #6 on: March 30, 2014 07:37:34 PM »
Does this MTC read okay?

"DEFENDANT'S MOTION TO COMPEL PRIVATE / CONTRACTUAL ARBITRATION

Defendant moves to Compel Private / Contractual Arbitration per the attached private dispute resolution clause located in the terms and conditions of the Credit Card Agreement as provided by the Plaintiff, FIA Card Services.

Defendant respectfully asks this Court to stay these proceedings pending arbitration."

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #7 on: March 30, 2014 07:38:42 PM »
Is GA not a borrowing state[

It is not. You're stuck with 6 years.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #8 on: March 30, 2014 07:40:07 PM »
Does this MTC read okay?

"DEFENDANT'S MOTION TO COMPEL PRIVATE / CONTRACTUAL ARBITRATION

Defendant moves to Compel Private / Contractual Arbitration per the attached private dispute resolution clause located in the terms and conditions of the Credit Card Agreement as provided by the Plaintiff, FIA Card Services.

Defendant respectfully asks this Court to stay these proceedings pending arbitration."



Looks okay, it makes the point. Attach the agreement for the judge.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #9 on: March 30, 2014 07:41:23 PM »
Is GA not a borrowing state[

It is not. You're stuck with 6 years.

If it goes to private arbitration, can DE law apply?

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #10 on: March 30, 2014 07:43:34 PM »
That's up to the arbitrator. No set rule, but push for it, It's their contract, they wanted DE law, let them suffer the consequences.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #11 on: March 30, 2014 07:48:32 PM »
Sorry, I just saw Hannah and assumed.  Same scum attorney's either way.  But yes, they may push harder on the arb.  However, even if you have to go with AAA, I have a current open case through them and I can tell you that the OC will get a bill for $3500 right off the bat before AAA will even choose an arbitrator. 

That's not to say FIA won't keep going just to prove a point, but it would not be cost effective for them in the least since just to open the claim in arb costs more than they claim you owe them.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #12 on: March 30, 2014 07:51:43 PM »
Many thanks!

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #13 on: March 30, 2014 07:52:41 PM »
If it goes to private arbitration, can DE law apply?

You need to check the credit card agreement.  2009 BoA, I'm pretty sure has AZ law.  But even if that is the case, you still have a 3 year SOL argument, as Bruno will tell you, AZ changed the law to 6 year SOL in 2011. Your default in 2009 puts you back in the 3 year statute.

See City of Tucson v. Clear Channel, Arizona Supreme Court No. CV-04-0033-PR
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Benthere

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #14 on: March 30, 2014 07:57:26 PM »
However, even if you have to go with AAA, I have a current open case through them and I can tell you that the OC will get a bill for $3500 right off the bat before AAA will even choose an arbitrator. 


Do you happen to know what the fees are like once they choose an arbitrator?

 

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