cduboncic

Members
  • Content Count

    15
  • Joined

  • Last visited

Community Reputation

10 Good

About cduboncic

  • Rank
    Newbie

Profile Fields

  • Location
    CA
  1. Exactly. I don't see whats so bad about it. I just signed one with Citibank. The alternative involved going through all the BS court proceedings and trial and then most likely paying the FULL amount and having them GARNISH it out of my paycheck where they would take up to 25% of my check each time. With this route, I'm making the payments on my own, only paying half the amount, and I don't have to deal with the court or go to trial. I was planning on settling with them anyway when I had saved up enough money, this summons just pushed me to do it sooner.
  2. Now this: I'm supposed to send the signed original stipulation agreement to the plaintiff's lawyer. And they are telling me that this agreement stops all court proceedings (as long as I pay) and NOT to file an answer with the court. That THEY will send in the agreement and that is all that needs to be done (since the agreement in effect haults the lawsuit). And actually that by me filing any kind of answer would null our settlement and continue the court proceeding. This is actually better because now no $245 fee. I just have to trust this place to live up to their end of the agreement. Its in writing so I have to assume they will. I guess...
  3. Another question just occurred me. I'm sending in the "stipulation agreement" to the court as my answer. The clerk of the court said just to send in the original agreement, one copy and the check for the fee. She didn't say anything about "proof of service". It kinda doesn't make sense that I would need to because the after-all the plaintiff did originate and send me this document so why would I need to send a copy back to them? But I just want to make sure, don't want to screw anything up.
  4. I have settled on 4 cards now. Out of those four one of them sued me and it was Citibank. I don't know what averages are for everyone else but thats my experience.
  5. Oh there is most definitely a fee. And in my case where I settled out of court I still have to pay $225 answer fee + $20 extra because its a stipulation agreement! Freakin crooks!!! :'>
  6. Heck ya its crazy. But this is the great state of California. Everything here is inflated. This is what happens when liberals take over and spend spend spend. They gotta make money somehow. One of the many reasons I'm getting the heck out of this god forsaken state.
  7. great news - they are accepting 60% paid over 12 months. They also offered 50% at 6 months but I couldn't swing the payment on that, the other one is gunna be tough enough. It was a lot easier than I thought though. They are going to send me a "stipulated agreement" which listed the terms of the settlement and which I will send to the court as my answer.
  8. ...which brings up another question - if they are will to settle or work something out then how to I answer the court? I think it would be best to still answer just to cover myself.
  9. Now changing my mind for the third time88-)...I am going to call the attorney representing Citibank and see if they will settle outside of court. Wish me luck I know I'll need it.... Any last minute advise????:
  10. Also, Skippy I tried to respond to your PM but it won't let me yet cuz I don't have 10 posts yet. I was gunna ask you these questions- In your case did it make it to trial? Did you win? Was the plaintiff in your case the bank themselves? You said you didn't even have to go to court- that would be ideal for me here. So he appears on your behalf? I'm liking this option a lot....
  11. Thank you very much for the PM. I am I gunna call that guy and reading what was on his site helped me change my mind - namely that if I dispute it that it will at least buy me more time. He's saying it often takes 9-12 months to go to trial! That would be great. I was surprised to hear you guys suggest not doing anything (assuming I wasn't gunna dispute it). Everything I've read says that a default judgment is the absolute worst way to handle it. I figured that even if I admitted it that by being involved I would at least have some say in what I could afford to pay instead of them simply garnishing the max amount. Ya, the filing fees in CA are absurd (hate this state!). They do have a "Request to Waive Court Fees" which practically puts you in another trial just to proof that you can't afford the fees. Its nuts. I am now thinking that it would be best for me to hire a lawyer to fight this for me. Which would at least buy me a lot more time, and relieve me from some of the stress of doing it on my own - and there is a chance however slim that I might win. Even though I don't have the money for that I'll try to borrow if from family.
  12. It doesn't seem to me that its one or the other. Like BV80 said, answering is a method of covering myself if nothing else. I'm still concerned with how I should answer though. My gut is telling me to not fight this. So would it be foolish of me to accept or agree with all parts of the complaint? Like I said, I don't want a drawn out legal battle, I don't have the fight in me anymore. That was already spent on the last three cards and short selling my home after not paying for 18 months (that was an insane 2yr process but at least I had the help of a professional real estate agent with that). Plus I'm moving to Colorado and don't have the means to be flying back and forth.
  13. Thank you very much for all advise. Tomorrow I plan to file my answer in the court in which I will admit that I owe the dept. I will then call the law group representing the Citibank and see if I can work something out with them. I am willing to pay this off even though it is mostly interest, that is part of the contract I signed. I gambled and lost, I stopped paying because I thought they would never do this and that I could settle the dept when I had saved up enough (I've settled for as low as 20% on three other cards). Anyway, my main goal is to avoid as much activity in the court as possible and to avoid wage garnishment.
  14. So I should definitely answer instead of trying to settle first? Also, how do I answer if I am essentially admitting fault?
  15. i need all the help I ca get here... So I've been reading about how to file an answer on my own and the best that I can come up with is to use form PLD-C-010 Answer Contract with Proof of Service (?). Yet for the proof of service I'm not sure if I use POS-030 Proof of Service by 1st Class Mail, POS-040 Proof of Service-Civil, or simply a Certificate of Service. And then, also in general I'm wondering if I should even bother disputing any of their claims. I don't want to dig myself in deeper. I owe what they say I owe (although most of it is from interest) and I just want to deal with this in a reasonable way (ie: monthly payments). So in terms of the "answer" to their "complaint" what is the best way to respond? Also, I talked to a attorney briefly on the phone and he was pretty straightforward and told me that I don't have much of a case, there is no point in fighting it paying his fees & court fees...and he recommended I call up the law group representing Citibank and try to negotiate directly with this. I suspect would would settle for nothing less than the lump sum payment in full, or am I wrong. Its 9,200 so not an easy sum to come up with. Do they ever negotiate for monthly payments at this point or a lesser lump sum payment? Also, another aspect of this nightmare for me is that I am in the process of moving out of state! I'm literally leaving in one week and I was just served yesterday so I need to do something like right now. And I'm sure I'll have to fly back for the trial. Which is highly impractical for me so another reason why I'm inclined to settle out of court if possible. I could MAYBE afford to fly out to appear at the trial but I seeing from other peoples experiences there are other times I would need to be in court before this even. I have seen that in CA you can appear by telephone for certain things so that might be an option. This whole thing is an absolute nightmare at the worst possible timing.