Legal Question in Consumer Law in Florida

mediation

I am being sued by a law firm (for breach of contract) which says it represents FIA/dba Bank of America. I filed a pro se to the court because I am disputing the account number and any transactions that go with this account number. I had 2 Bank of America accounts, a business and a personal. The account number they use, I had never seen before. They sent numerous correspondences saying this was my account, but I told them I didn�t have an account with this number. They still have pursued the matter to the point of mediation. The balance they say is due, doesn�t match any amount that I owed on either account. Is there a possibility, when banks sell these contracts to law firms and collection agencies, that they do not get access to old account numbers or old account transactions?

I would like for them to prove that I had a credit card with that number and went to a store and bought something. Do I have a good case for mediation?


Asked on 11/22/07, 8:26 am

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: mediation

You probably need a lawyer. Depending on the amount at issue you may need help. If it is a small amount, go ahead and try mediation. If it is a larger amount, you should get an attorney involved. You can call my office if you are interested.

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Answered on 11/23/07, 9:24 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: mediation

You may need a lawyer. The plaintiff (the Bank/law firm) will have the burden of proving that the cards are yours and that the charges are yours. They will need to produce a contract and a signature for the cards. Mediation sounds like a good iddea. They will eather have the proof to show you or not.

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Answered on 11/23/07, 7:32 pm


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