Tuesday, September 17, 2013

Bank of America Ordered to Appear on Contempt Charge

By Michael Fuller, Portland Trial Attorney

UPDATE - September 17, 2013
Oregon consumer Jose Rivera alleges Bank of America and its subsidiary FIA Card Services, N.A. scheme to harass him, in violation of a February 2013 court order.
This afternoon, a Portland Federal Bankruptcy Judge ordered Bank of America Corp. to appear and show cause why it shouldn't be held in contempt of court.

The Honorable Judge Elizabeth Perris issued the order after reviewing a 31 page motion filed by Oregon consumer Jose Rivera earlier this month.

Rivera alleges that Bank of America and its subsidiary FIA Card Services, N.A. scheme to harass him by illegally assigning his debt to various third party collectors.

He's subpoenaed Firstsource Advantage, LLC and FMA Alliance, Ltd. to question them about their alleged involvement.

The show cause hearing is scheduled for October 24, 2013 at the Federal Bankruptcy Courthouse in Portland, Oregon.

[District of Oregon Bankruptcy Court Case No. 12-38328-elp7]

ORIGINAL BLOG from September 1, 2013

Oregon consumer Jose Rivera alleges Bank of America and its subsidiary FIA Card Services, N.A. scheme to harass him, in violation of a February 2013 court order.

In 2006 Bank of America Corp. acquired MBNA.
Later that year, an MBNA subsidiary changed its name to FIA Card Services, N.A.

According to Rivera, Bank of America instructs third parties to harass him in hopes he will pay a debt the bank cannot legally collect itself.

Court records indicate Bank of America has been prohibited from directly collecting from Rivera as of February 2013.

According to legal documents filed over Labor Day weekend, Bank of America uses Firstsource Advantage, LLC of New Jersey and FMA Alliance, Ltd. of Texas in its scheme to circumvent the federal court order.

Attached as an exhibit to the legal documents is a cease and desist letter Bank of America and FIA Card Services, N.A. received from Rivera's attorney dated May 25, 2013.

Rivera alleges the bank will not respond to his attorney and continues to harass him.

Rivera recently asked Federal Bankruptcy Judge Elizabeth Perris to reopen his case so he can indict and prosecute Bank of America and FIA Card Services, N.A. for contempt.

[District of Oregon Bankruptcy Court Case No. 12-38328-elp7]