Bank of America Debt Collection Complaint

Bank of America Debt collection department,

Credit card Cont'd attempts collect debt not owed Debt is not mine Kentucky

-, - & - ( - ), on behalf of FIA Card Services ( FIA -, filed a Complaint against me personally on - -, -, on a business debt of $20000.00 for a defunct LLC of which I was a member. During the litigation, I discovered that FIA did not retain -. Rather, - - - - - ( - ) did. Since - is domiciled and licensed to practice law in -, it retained - to do its dirty work. Because FIA was not - client, - stonewalled my discovery efforts and would not produce the records I requested which would conclusively demonstrate that this account was not a personal debt. In spite of that, FIA could not prevail when it filed its motion for summary judgment. The court found that the affidavit filed was deficient. Subsequently, FIA made a settlement offer where it would dismiss the Complaint with prejudice and - assured me that FIA would remove the derogatory reporting with all three major credit reporting agencies. Also, I knew that a dismissal with prejudice would require FIA to discontinue the reporting in accordance with the FCRA. The court entered the Agreed Order on - -, -.


an e-mail to - -, - attorney whom I had dealt with on this issue. He responded that he would contact his client. Thirty days later, I checked my credit reports and the reports were continuing. I got back with - - again. He said that he was waiting for his client to get back with him. This happened for another three months, at which time I decided that - - would do nothing about this violation of the FCRA. Because I already knew that FIA was really - client, I called - in - -. They committed to get back with me within three days. A day later, I received an e-mail from - - telling me that his client just got back with him and he would send me an agreement to sign, then FIA would stop reporting. I told him that I had n't developed - and he should acknowledge that his client got back to him only because I contacted -. I told him that I hoped there is no clause that would cause FIA to issue me a - the following -. - -, the attorney, conveniently became incompetent. He said that all he knows is that if I sign the agreement, the reporting would end even though I knew that the Agreed Order robs FIA of the benefit of reporting because of the FCRA. Sure enough, not only did the agreement allow FIA to issue a - to me, FIA in fact issued that - in - -. How can a debt that does not exist be cancelled? I went back to - again. They told me to contact FIA regarding the - and - regarding everything else. I contacted FIA. They told me that - is their lawyer and is the only party that can resolve this issue. I do n't know who is whose client or who the real lawyer is. Because - - was having problems navigating this issue, he elicited the assistance of a partner at -, - -. - - and - disclosed that - was not licensed to practice law in Kentucky and would like to help resolve the issue if I was agreeable to it. I was. I demanded that the - be withdrawn or FIA reimburse me for my tax liability associated with filing the -. I computed the value of the tax due attributable to the - to be $5800.00 ( Federal ) and $1100.00 ( state ). - dragged out this issue for months and eventually offered me $5000.00 to sign the agreement. I declined it in - -. I disputed the - when I filed my tax return. -, -, and FIA have refused to resolve this issue.