can i still win even if i admit to an allegation but they dont have signed contract or statements to back up their allegation?

If you admit to an allegation, then it might be difficult for you to win the case. Nevertheless, as the person who is standing against you does not have the signed contracts or statements to back up the allegation, you have high chances to win the case. Contact an attorney and he will help you in taking the right decision.

Who is the creditor???

as the allegation states that

"the defendant enter into a contract with plantiff or plantiff's assignor, the terms of which are ATTACHED hereto and by reference made part hereof"

the complaint did not have an original signed contract even though it "alleges that the terms of wich are attached"

but it did have sworn affidavit from an officer of the original creditor.

should i just deny it then? as they did not attach any contract for me to see when they said they attached it?

You have two threads going.....

FIA is Bank of America. They should be able to produce statements with ease and more than likely the cardholder agreement.

well, i called FIA and they said the account was charged off and sold to trak america.

but then some other attorney collection agency, and not trak america, filed a suit against me.

does that sound a bit fishy?

some other agency, or a law firm? if trak america owns the account then it was probably placed with an attorney to file suit on their behalf.

its a law firm.

i dont want to settle unless i know for sure they have all the proper documents and were assigned to collect on that them.

if trak america bought it, then when does it list the plantiff as fia card and not trak america?

It was probably not sold off but assigned to trak america. I just looked at their website and they appear to be a receivables management company, not a junk debt buyer.