JDB not FIA wants to settle??

[Pasofinoaz]

I filed my MTC
and now I have received a letter from the attorney wanting to settle my debt.

States that he is not FIA card services but has authority to collect for them. Also does not know anything about my case..

I suppose he just filed papers hoping I would default.

Can I file a MTD based on that letter?

This is a BOA debt compulsory Arbitration case filed in the courts of Arizona.

My card states private arbitration with JAMS 2003 agreement.

Trying to get this dismissed.

Any suggestions on how to proceed?

Thank you

[GoingDown]

If a Junk Debt Buyer bought the account from FIA (Bank of America), then Bank of America is now out of the picture. They are not the ones suing you. The Junk Debt Buyer is actually the one suing you. And the attorney represents the Junk Debt Buyer, not B of A.

What you should do now is ignore this attorney's attempt to settle. Just keep moving forward on your MTC private contractual arbitration through JAMS.

The compulsory arbitration through the court system is not the same thing as private contractual arbitration through JAMS. This JDB does not want to go through JAMS because it will cost them thousands of dollars.

At this point, you will probably have to actually initiate the arbitration through JAMS on your own. There is a fee involved to get it started, but you can probably get it back later in the process. And even if you can't get it back, it is worth it to get the private contractual arbitration started, so you can show the court that you are serious about it, and make sure you attach a copy of the arbitration agreement in the cardholder agreement from B of A as an exhibit for your MTC private contractual arbitration.

[Pasofinoaz]

I have no proof that FIA or the JDB actually bought this debt.

I already attached the arbitration agreement with my MTC.

Also, what is the name of the bank in Delaware that one can use without fear of being touched by the collector..I believe this was mentioned here and I cannot find it at this time.

Thanks

[GoingDown]

You can find that information in this "stickie" ...

http://www.bkforum.com/showthread.php?67251-Exempt-funds