Is Citibank under South Dakota Law?

[SweetPolly]

I thought I saw a thread about Citibank and that they no longer fall under South Dakota law, but I can't find the thread. Could someone please point me in the right direction?

If there is no prior thread, then my question is: Is Citibank currently under South Dakota Law?

If not, how can I be held accountable under South Dakota Law?

In my case (in Calif) the judge has ruled applicable law and rules are "Substantive Law: Pursuant to the card agreement, "Federal law and the law of South Dakota...govern the terms and enforcement..."

[stormie]

Originally Posted by SweetPolly

I thought I saw a thread about Citibank and that they no longer fall under South Dakota law, but I can't find the thread. Could someone please point me in the right direction?

If there is no prior thread, then my question is: Is Citibank currently under South Dakota Law?

If not, how can I be held accountable under South Dakota Law?

In my case (in Calif) the judge has ruled applicable law and rules are "Substantive Law: Pursuant to the card agreement, "Federal law and the law of South Dakota...govern the terms and enforcement..."

I believe that they do fall under South Dakota Law. Now if someone can correct me if I'm wrong - if they later changed their location, I don't think it would matter because at the time of the original contract, they were in South Dakota.

[legaleagle]

They are still in SD. See my posts, there is a bunch of stuff you can bring up. Where did this cardholder agreement come from, the internet? Can they prove they sent you one or that you received it? No, they can't. Do they tell you exactly what SD laws you are agreeing to be bound by? Of course not, because they don't want you to know. Deny agreeing to this insanity. They could have the death penalty for credit card debt for all you know. SD law requires a written agreement between the parties establishing the higher interest rate, otherwise they are limited to Schedule F interest at 15%. This agreement is not some generic "cardholder agreement" anybody can print out. Where is the application? SD law states that no credit card shall be issued unless requested. Unsolicited cards violate SD law and Federal Reg Z 226.12. Again, deny agreeing to unexplained laws which later turn out to be highly prejudicial to consumers. What are you supposed to do, go to law school in SD to get a stupid credit card?

[SweetPolly]

Thank you so much for your help. The date for Citi's hopeful would-be hanging is tomorrow. I am far better armed because of the help I've received.

[SweetPolly]

Looked through your most recent 500 posts and found one referencing choice of law provision related to questions in Interrogatories...very helpful.

How do I best search for the posts with additional info regarding Citibank and South Dakota Law?

[Seadragon]

You seem to have planned accordingly for the questioning. I think you have to fracture the witnesses knowledge of the computer systems testimony by asking specific technical related questions about bank computer systems and such.

and because it is a federal bank,
I would ask information about the number of banking computer system intrusions.
If any power disruptions caused any computer hardware damage in the storage media for accounts.
If any backup data was ever knowingly or unknowingly commingled during hardware replacement.
what computer systems software is used
How the system is checked for accuracy.
Any errors that were previously found and process for checking data involved.
were there any account notes and their disposition.
The methods of account data manipulation.
whether any data was manipulated during the life of the account.
The level of computer access by the witness. Do they have account priviledges to change data in the storage, daily operation, and or ability to make new accounts onto the storage media.
what kind of database software is used. what computer language is it written in. Is it regularly changed for different functions.
Have they had any irregularities in the database software where accounts were merged between different people.
How many account errors are reported every day, and how are they "corrected"
Do employees from other departments routinely work with account data as part of a cross training and/or disciplinary function for performance related issues in the mortgage finance, or any other departments.
Have any employees been dismissed and or prosecuted for manufacturing accounts or changing account data.
Could an employee gain access to new account software and change any data.

have their been any instances of the software used to make account calculations reporting inaccurate results of calculations.

Who has the requisite access to make accounts.

Is there a list of accounts that are not billed or are listed as not to be collected?

have you ever given testimony where the case was decided in favor of the defendant. What was the findings in those cases.

Have you ever recieved a bonus for testimony in which the case was decided for the plaintiff.

Have you recieved training about evidentiary procedures in legal cases.

Have you attended industry seminars or lectures on Litigation collection practices or attended conferences on the legal aspects of collections.

Those are some maybe some won't be applicable to your situation I hope some of it helps though.

Casting doubt on the evidence and the personal knowledge of the witness is paramount. If you can create a showing of how the testimony affects his/her compensation then an inference of hired professional witness can be shown.

Dig up as much dirt on Citibank's past data breaches and employee fraud or mistakes to smudge the perception of records accuracy.

and If you have time to notice a court reporter or there is one in the court get objections on the record as much as possible. In re vinhee read that and some of the legal discussion about it in legal journals.

cite any fines for collection practices in other states by the cases.

and most of all, don't get nervous but use the hearsay objection and the other evidence code objections on admissibility, foundation, and others from the evidence code ie Best evidence rule, business records exception(Elkins v. superior court)( any computer based records cases(check the electronic frontier foundation website)) and I see that you are really preparing well. If you get your licks in good this may be a win for you.

[legaleagle]

There should be a search feature that will work. I don't use it very often, so I'm not sure what you'll get.