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jubh

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  1. Thank you! By bring up the decent decree you mean just mention it or actually send a copy to them?
  2. Hello, I am currently getting sued for a debt that I now know for sure I do not owe. The gist is I answered a summons with a general denial of the debt based on lack of information (asserted no affirmative defenses) in CO's simplified procedures. I have a pre-trial conference in February. Attorney sent a disclosure statement with printout of a few online statements, (worth noting two months of statements they claimed were in the document packet were actually missing (not sure if mistake or on purpose)). I was recently able to access my old bank account to find I made several payments to Citibank after the date they claimed was my "last payment". These payments don't appear on the statements sent by the collection agency. Additionally, I discovered I may be a victim of Citibank based on the 2016 CFPB order, the situation/circumstances and time period is in line with the activity on the account. However it's difficult to prove quickly since Citibank can't even access my account due to it being in collections or tell me if I'm included in the consent order. Looks like I will be filing a consumer complaint which takes ~14 days. Even if I'm not it's very shady because the statements sent by the collections agency show an inflated amount of debt owed on the credit card and now it's obvious that account should have never been sent to collections as I was making the payments requested by Citi...an issue similarly stated in the CFPB order. Based on my conversation with CFPB it is unclear if Citibank finished locating and notifying all the victims. I am curious if I file a complaint with the Consumer Financial Protection Bureau (CFPB) will this stop the lawsuit immediately and give time to figure out what's going on? Also if I file the complaint, do I send proof of complaint along with my bank statements when I return the disclosure statement to the Attorney? Or should the complaint be filed with the debt collection agency instead of Citibank? Or complaint against both. Disclosure information isn't filed with the court, so would you recommend a motion I could file with the court before the pre-trial?
  3. Thank you for that confirmation! I want to file my answer today my answer as general denial due to lack of sufficient information but I am filing under a simplified civil procedure. Not much room to enter affirmative defenses. Would it be more applicable to simply state something along the lines of, 'I reserve my right to file future affirmative defenses as more information is provided'.
  4. The cheapest lawyer I found said $700 for fees. I don't think it will ever be an option for me. I can't even find many lawyers that specialize in this area I think because I'm not close to an urban area.
  5. I will be employed at a state University and don't believe they would have offices in other states. I will do some research as I know universities can have field stations in other states...not sure if that would count as a separate office. Do you think I can leverage this to get the plantiff to dismiss? Getting sued by Calvary.
  6. Thanks for the input! I am hoping to find a lawyer to represent me but it's last minute. Because my medical issues will take over a month to fully recover, if I have a judgment against me due to not appearing I can possibly take care of this in my new state. I am curious if a judgement is filled against me, since I have no assets, my guess is they will try a wage garnishment and I happen to be moving to a state where I meet requirements to be exempt from garnishment. Does wage garnishments in one state carry over to the new state/employer? I'm assuming it will take some time after the judgement to proceed on obtaining wage garnishments, but just curious.
  7. Thanks! You're right, it is a just a date to submit the summons however by time the court date, I will be living out of state for school/work. I'm really poor, so traveling back and forth is not a good option. I wonder if attempting to agree on a dismissal without prejudice would work. Otherwise, I wont get the opportunity to have a fair case.
  8. I received a summons from a debt collection agency and will be in hospital recovering on the day of the summons and the week before that I will be officially moving out of state. I want to file an answer to question the debt amount raised as they have provided no proof. Regardless, I have been through this before and won the case against a shady debt collector requesting incorrect amount but realize these matters are probably best taken care of in-person, especially if I end up having to negotiate with their attorney. Would there be any way to delay the answer date or court appearance? I would honestly prefer to have it dismissed since I'll be out of state but I have an idea that it's not going to work. Any suggestions?
  9. I was sued by a collection agency for 2 hospital debts at the time. I started paying off the debt before the court date. I also disputed one debt a month before the court date because the health provider never billed my insurance and now the health insurance company paid that debts after the judgment by the court has been entered which now appears on my credit score. Even though I technically owe one of the debts but was not responsible for the other debt. Is it appropriate to vacate judgement? If vacating is successful, by time the court date rolls around I would have had satisfied the debt I do owe, which was only $600. However, the judge may say that at the time, I would have still owed some amount of money. On my credit score for the public record it says $950 for the judgement yet that number should be lower. Also, does the amount of judgement effect credit score as well? If I am unable to vacate the judgement, is it possible to amend the judgment through the credit score agencies to change the $950 amount?
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