metpit1

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About metpit1

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  1. I guess so....It was hard to decide because of all the info you can get from people on different forums. It is written that if I am more than 10 days late with a payment then a default judgement could be issued against me. But as mentioned no more interest or other fees so thats good. Also no worries about wage garnishment. I do wonder how it would show on a credit report since it's not a judgement against me.
  2. I had my pre-trial conference yesterday at my local courthouse. I was asked by the judge why I was there and showed hime my letter to appear. He said they were expecting the plaintiff to arrive shortly. I was being sued by CitiBank for a credit card debt of $10,100. Of course I was hoping they didn't show as that would mead a case dismissal. But shortly after 11am the representative showed up and asked me to talk in another room. He stated that Citi would take $5,000 cash now and would settle the case. Sounded great except I was short about $4,999. The next option was to pay $7,600 at $200/month until paid. There would be no interest or court/attorny fees. I agreed and the Judge so ordered. On the 28th of every month I make out a check to Citi but mail to the lawfirm. In the memo of the check I write the balance remaining after the current payment is applied. Do you think this was good? Should I have gone to trial?
  3. I am going to my first pre-trial conference in one week. This is for a lawsuit CitiBank brought against me for a credit card debt. I think I was informed on this forum that the conference is more of a negotiation mtg. for reaching a settlement. If I don't reach one and a court date is assigned can I still get the lawyers representing Citi to give me all my credt card info like all charges made and the original contract with the card company? I would not be able to pay a lump sum settlement so should I try to go to trial or is it possible I could get them to agree on a more lengthy payment plan? Finally....although it said CitiBank is the Plaintiff on the original summons could it still be possible that the law firm Rubin&Rothman is the actual plaintiff and purchased the debt from Citi? This is happening inthe state of NY. Thanks for any input....
  4. I don't want to bore anyone with my sob story but what is really botering me is this...Citi allowed me to go on a hardship plan for a year by paying 150/mo and after the years my balance came down 1000. I asked them to extend the program as my wife still was not working but they denied me. I told them I could still only afford 150/mo and they said to keep sending it in. I did and after 2 mos. my balance was up from 9000 to 9300. I felt like I was throwing money away so I stopped altogether. As we got close to the 180 days of not paying they started offering me options when I logged into my acct online. Most options i could not afford to pay. Then one day after logging in I saw an option in large red letters that said SETTELMENT. when i clicked on it the offer was for a one time 4,300 payment. I clicked agree as I was able to borrow the money. After I clicked agree I was told to call an 800#. I did so and the woman on the phone said i did not qualify for this offer. Well I was upset and stopped all communications with them. Right after Thanksgiving a piece of paper was left on my doorstep (not even in an envelope or afixed to my door. It was a summons. This leads me to where I am now a Pre-Trial conference in 2 weeks. I would hate to go to court and try and defend it myself. The 4000 I borrowed is gone and I can't get a lawyer. A long term payment solution is all I can do. Wage garnishmet I believe would most likely be 10% of my check. so I'm kind of stuck....go to citi lawyers and try to work out a plan....wait for the conference and see what happens....go to court and pray....
  5. Tangle....If you see this...what about the wage garnishment issue and the offers they made me...If I go to trial I could wind up paying the whole amt and with interest it could take forever...Let me know
  6. I hear what you are saying but I risk wage garnishment if I don't settle. The law firm had sent me a letter with 3 options. The first was to pay a one time 6500 payment on the 10100 debt> I could not do that. The second was to make 3 consecutive monthly payments of 2400. I could not do that either. The last option was to call them to make longer term payment arrangement. Someone in the forum here advised against doing this. Why do you think I should go to trial? Thanks for the help.
  7. What i can expect at a Pre-Trial conference? I'm scheduled for one on 4/2/14. It's on a credit card debt from CitiBank in the amount of $10,100. The card company has its own lawyers representing them (not a debt buyer) as citi was listed as the plaintiff on the summons I was served. How should i prepare for this type of hearing?
  8. I understand that but since these lawyers are representing the actual financial institution I was not sure how to proceed. I would imagine I'd be seeing them at the Pre-Trial conference anyhow. What can I expect at the conference???
  9. I have a Pre-Trial conference scheduled on 4/2/14 for a lawsuit CitiBank has against me (credit card debt $10,000). CitiBanks lawyers sent me a letter with 3 payment options. Two I could not afford but the 3rd option was for me to call them to discuss long term solution. My question is should I call or wait to see what happens at the Pre-Trial conference?
  10. I dont have alot of debt but enough....I dont think i could file bk after the fact...
  11. I'm looking to make a payment arangement on the lump sum settllement they offered. Is this something I should wait for the pre-trial conference to negotiate or should I call them. I guess I'm confused as to how to proceed. I don't want to bore anyone but this started after my wife was laid off of work a couple years ago. I told Citi the situation and they agreed to put me on a program for a year whereby I paid them $150.00/month on my $10000 bill. After the year was completed my balance was down to $9,000. However my wife was still not working. I asked Citi to extend the plan but they denied my request. I told them I could only afford to send the $150 I had been sending and they said to do so. However, after 2 months of doing so my balance went up to 9450...I felt that I was just throwing money away so I stopped the payments all together. Of course after the numerous calls from the card company I started getting offers from them to make various payment arrangements. Finally one day when I logged onto my acct I saw in big red letters SETTLEMENT OFFER. I clicked on the offer and it was for a onetime payment of $4,000. I was able to get the money at the time and so I clicked agree to the terms of the settlement. However, after I clicked agree I was directed to call an 800#. After I did I was told I did not qualify for the offer. This of course made me upset and I never sent anymore monet to them. This is where I am today with a Pre-Trial conference being scheduled for 4/3/14. So I'm just looking for any advice. I know in NY my wages can be garnished but I thingk just at 10%. I would like to avoid this but I think I could manage if it came to that.
  12. 1. Who is the named plaintiff in the suit? (CitiBank) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)( Rubin&Rothman) 3. How much are you being sued for?( $10,200) 4. Who is the original creditor? (if not the Plaintiff)( CitiBank) 5. How do you know you are being sued? (You were served, right?) (Summons) 6. How were you served? (Mail, In person, Notice on door) (Left on my doorstep but not in envelope or afixed to my door) 7. Was the service legal as required by your state?( I assume so but not sure with the way it was left) 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?( NY ...Albany) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) (Close to a year but I believe they are within the limitations) 11. What is the SOL on the debt?( I think 4 yrs) 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). (No motions filed...Pre Trial conference scheduled for 4/3/14) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)( No...Long story here so I'll just say no) 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 I did not) 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. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit?(No interrogatory questionnaire....6 claims against me...1)Defendant resides in county which action is brought. 2) Plaintiff is a national bank in South Dakota. 3)Defendant used a credit card issued by plaintiff and agreed to make payments for goods and services charged and/or cash advances made upon such card. 4) defendant failed to make payments pursuant to such agreement and 10,155 is now due and owing to plaintiff from defendant. 5) Defendent accepted plaintiffs statements without objection. 6) By reason thereof an acct was stated between plaintiff and defendant. I denied claims 3-6 in answer to summons. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.( None )
  13. I was sued by CitiBank a while back for a $10,000 credit card debt. The credit card company is being represented by Rubin & Rothman law firm out of Long Island. I live about 160 miles north is Albany. I was left a summons on my doorstep which was not in an envelope or fixed to my door. I answered the summons and denyed 4/6 complaints. Following my answer Citibanks lawyers and I recieved a letter stating we had 60 days to file any motions in the case. None were filed. Shortly after this The law firm sent me a letter regarding settlement. Since it was tax refund time the assumed I was getting some money as their letter read " Make every refund cent count" The options they offered me included a lump sum payment of $6,200 (which I could not do) or make 3 consecutive monthly payments of $2,700 (which I could not do) or to call them to make long term arangements. I have yet to call as I do not know the best thing to do. The court sent another letter on 3/1/14 stating that no motions were filed and therfore a Pre-Trial conference is scheduled for 4/3/14 at 11am. Should I wait until then to talk about a payment plan or shoul I contact them now. I do not have my own attorny. Any advice ? Thanks...
  14. I was sued by CitiBank a while back for a $10,000 credit card debt. The card company is represented by the law firm Rubin&Rothman out of Long Island Ny. I live about 160 mile north in Albany NY. I answered the summons denying 4 of the 6 complaints. Following my answer both their law firm and I recieved a letter from the court stating we had 60 days to file any motions. None were filed. Right after this I got a letter from Rubin&Rothman regarding settlement. Since it was tax refund time they must believe I'm getting some money as the letter they sent stated "make every refund cent count". The offer was to pay About $6200 in a lump sum (which I could not do), The second option was to make 3 monthly payments of $2500 (which I could not do). The last option was for me to call them to make a longer term payment plan. I have yet to call as I don't know the best thing to do. Saturday 3/1/14 I recieved a letter from the court stating that we are to appear April 2nd at 11am for a Pre-Trial conference. Should I wait for this date to discuss settlement or call them. I do not have my own attorny. Any advice would be helpful. Thx