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zdrd2000

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  1. I just wanted to update you guys. I have not heard back from the court about my motion to dismiss as my response from when I was originally served. In the meantime the plaintiffs lawyer contacted me with the following off a couple of weeks ago: Pursuant to our conversation today, we are able to offer you the following 2 Settlement Offers, which will be valid until close of business on Wednesday March 5, 2014. P $6203.46 I $1,099.54 (4.75% -FL Stat Rate from LPD-6/7/10) C $373.00 _____________________ TOTAL $7,676.00 OPTION 1: Reduced lump sum amount of $5,373 within 30 days. (a savings in excess of $2k) OPTION 2: Monthly payments of $300.00 on TOTAL balance, w/ no interest to accrue from this point forward as long as payments are made in a timely manner. This is an interest free loan in excess of 2 years. I told them I would have to talk with my attorney (have not yet hired one) and never responded to them. Today I received a letter from the plaintiff's lawyer. It is a "Request for Admissions". It asks very specific questions about the account. How should I respond to this request for admissions? I believe that I have 30 days to respond and if I don't it will go against me in court? Thanks
  2. I don't know when the last payment was actually made, that date was the word (affidavit) of an employee of Citi bank. I would check my records but I have no record at all of this account. Original JDB was "Pilot Receivables Management, LLC in Ohio who bought it from Citi and was assigned the account on 3/25/13 then turned around and sold it to the 2nd JDB on 6/17/13. Although I already responded to the summons with a Motion To Dismiss should I wait to hear the courts response? Or go ahead and also answer the questions to their summons? I don't know that I could do both at the same time....or can you? thanks
  3. Yes I listed everything they sent in the "form" I just filled out on this thread. (No contract though)
  4. Sorry this took a little long as I could not find the summons, thankfully I finally found it. 1. Who is the named plaintiff in the suit? Superior Debt Recovery, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Noam J.Cohen, P.A. 3. How much are you being sued for? $6,203.46 4. Who is the original creditor? (if not the Plaintiff) Citibank N.A. 5. How do you know you are being sued? (You were served, right?) Was served at home 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Florida, Miami Dade County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) according to the affidavit, 10/27/2009 11. What is the SOL on the debt? To find out: Florida is a little grey in this area, 4 years for open-ended accounts and 5 years for written contracts (depends on the judge). Citibank is out of South Dakota which is 6 years. Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). They sued me, I filed a motion to dismiss based on the 4 years FL SOL, Plantiff responded that they are sueing me based on the SOL in South Dakota. Waiting for response from the court/judge. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Account is not an any of my credit reports so never had a reason to dispute 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No It was not on my credit report and I did not know I was going to be sued 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. 20 days (Filed the Motion to Dismiss on day 2 and court confirmed they received it and told me to wait for a response which would be coming in the mail).In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Count 1 - Open Account Count 2 - Account Stated Count 3 - Money Lent, Count 4 - Unjust Enrichment Did you receive an interrogatory (questionnaire) regarding the lawsuit? No Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit (Notary Public State of Missouri), 2nd Affidavit (Notary Public State of Ohio), Bill of Sale and Assignment, Citibank last statement showing my name, account #, $6203.46 balance 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== Thanks for your help.
  5. This might be a stuid question but how do they issue 30 days' notice of the assignment? (Mail? Certified mail?) tnx
  6. @debtzapper No I did not receive 30 days notice of assignment. According to the summons this JDB is the 2nd JDB on record. Citi sold it and then it was sold again. I don't have the paperwork with me so I forget the name of the 1st JDB. I did not receive any notice from any of them. The first time I found out about this was when I was served. There is no record of the original card or any chargeoff on any of my credit reports. In other word this card does not exist in my credit history (not that that matters).
  7. @BV80 I have the summons in the desk at work. I will fill out those questions tomorrow when I can retrieve it. Thank you.
  8. @BV80 I have the summons in the desk at work. I will fill out those questions tomorrow when I can retrieve it. Thank you.
  9. Hello all, I am being sued by Superior Debt Recovery LLC in Miami Civil Court (over 6K). I asked the court for a motion to dismiss based on the FL Sol for Open-Ended accounts of 4 years (which passed October 2013). The lawyers for the JDB responded to my motion with a letter to the court saying "Citibank, NA Credit Card is goverened by the laws of the State of South Dakota". It goes on to say that South Dakota has a 6 years SOL and that the SOL has not expired and that the defendants Motion to Dismiss should be summarily DENIED. I am waiting for the court. I know some of you will mention that a CC is a written contract and thus falls into the 5 year SOL in FL and I know the court may see it that way also. But since this Miami based JDB quoted South Dakota's SOL, my question is, can a Florida based company use the SOL in South Dakota of a credit card that I had with Citibank? I realize they purchased the debt from Citi but does the user agreement transfer over to the JDB and thus allow them to use the SOL in South Dakota even though I never had an agreement with the JDB in South Dakota? Understand? Thank you all for your responses in advance.
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