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  1. Originally posted in wrong subform. 😢 Reposting here, sorry. Hi Everyone, Happy 4th! After reading though @MouseRabbits story, I feel very confident in my abilities to handle this myself, (I pray with help from community). Below is requested information. I believe I may be able to request arbitration. Thank you to all! 1. Who is the named plaintiff in the suit? CAVALRY SPV I, LLC 2. What is the name of the law firm handling the suit? Nelson & Kennard 3. How much are you being sued for? ~$10k -$25k 4. Who is the original creditor? CitiBank N.A. 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letters Nelson & Kennard. No response from me. 9. What state and county do you live in? State - California, County - Los Angeles 10. When is the last time you paid on this account? 2020 according to documents 11. When did you open the account (looking to establish what card agreement may be applicable)? ~2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit Served, pending according to Court website 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) With original creditors, no. With collection agency yes. 15. Did you request debt validation before the suit was filed? I didn’t send a debt validation letter, but was triggered when I disputed with credit bureaus. I was sent a packet of old statements, and the following list: Exhibit 1: A redacted table of bulk account An excerpt of sale with my account information A letter - Bill of Sale, from CitiBank N.A. to Cavalry 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? 2 statements from OC, labeled as Exhibit A, and Exhibit B 18. How did you find out about this site? Google
  2. This is the start of MY story to address, defend and clean up my outstanding debt. I have been sued by one of the major law firms that represent both JDB and OC in TEXAS. The firm operates in other states besides Texas, so their strategy may be the same outside of Texas. MY accounts in collections with a variety of collectors, have account totals ranging from $2k up to $14k. I will post the status of my defense actions and results as they progress. I am not working presently and hope the employment situation will change soon, as a result I have time to research and defend myself. First case has been filed and I was personally served. I answered the complaint with information provided on this great forum. I believe this forum is monitored by collectors so I will be careful and may or may not change location and dates of the process. I have not retained counsel and plan on defending myself all the way. I believe I am judgement proof presently because I have no wages to garnish or bank accounts to levy. But if I do get a job, that situation may change. Here is the most important thing I have learned to date: Beginning last year most courts in the US have allowed lawsuits to be filed on-line through the e-file system. This has made it extremely easy for Plaintiffs (the debt holders) to file suit against YOU & ME. They do not have to go to the court records Department to file claims against you. The courts like this because the budgets of the courts get the increase revenue from the filing fees. It is a lot easier for a court clerk to handle filings on-line then actually record the filing in person. Curiously I have not heard anything about this fact going on in our Court System. This is a lot of money flowing into the local governments. You can see this for your self by going to large counties that have there court records online. The filing attorneys have a standard template they use where they put your name, account number and amount of the debt. They file as many as 10 or more a day. There are courts that handle hundreds of flings a day, some charge $300 each to file, you do the MATH. This to ME is a revelation that will have unknown consequences on the public. Now going forward, We the public need to use this new filing systems to our advantage when possible, and that is what I am going to do and relay to the forum. Continued......
  3. Hi there, This forum has been so helpful to me previously (I used arbitration to make Kohn Law Firm give up on a 5K Care Credit debt), I am hoping you guys have insight into my current dilemma. I am being sued in my county's Small Claims Court for an alleged 2k Citi card debt. I thought I was good to go with my MTC but have read a few posts here indicating some courts have taken: "Individual claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court," to refuse MTCs. Sure seems like the OC is wanting to have his cake and eat it, too. My question is: How often are JDB's aware of this little nugget and how often are courts refusing MTCs based on it? I've really no option but to give it a go with my MTC, just wondered if others have experience with this.
  4. February 23, 2016 CONTACT: Office of Communications Tel: (202) 435-7170 CONSUMER FINANCIAL PROTECTION BUREAU ORDERS CITIBANK TO PROVIDE RELIEF TO CONSUMERS FOR ILLEGAL DEBT SALES AND COLLECTION PRACTICES Citibank Sold Credit Card Debt with Inflated Interest Rates; Debt Collectors for Citibank Altered Affidavits Washington, D.C. –The Consumer Financial Protection Bureau today took two separate actions against Citibank for illegal debt sales and debt collection practices. In the first action, the CFPB ordered Citibank to provide nearly $5 million in consumer relief and pay a $3 million penalty for selling credit card debt with inflated interest rates and for failing to forward consumer payments promptly to debt buyers. The second action is against both Citibank and two debt collection law firms it used that falsified court documents filed in debt collection cases in New Jersey state courts. The CFPB ordered Citibank and the law firms to comply with a court order that Citibank refund $11 million to consumers and forgo collecting about $34 million from nearly 7,000 consumers. "Citibank sent inaccurate information to buyers when it sold off credit card debt and it also used law firms that altered court documents," said CFPB Director Richard Cordray. "Today's action provides redress to consumers who were victimized by slipshod practices as part of our ongoing work to fight abuses in the debt collection market." Citibank, N.A., is a national bank with headquarters in New York, N.Y., that issues consumer credit cards. From 2010 to 2013, Citibank sold portfolios of charged-off credit card accounts. It typically provided debt buyers with information about the consumer and the debt, including the supposed annual percentage rate (APR). A “charged-off” account is one the bank deems unlikely to be repaid, but may sell to a debt buyer, usually for a fraction of face value. The debt buyer then can try to collect on those accounts. Illegal Debt Sales Practices Citibank broke the law when, from February 2010 until June 2013, it provided inaccurate and inflated APR information for almost 130,000 credit card accounts it sold to debt buyers. These buyers then used the exaggerated APR in debt collection attempts. Citibank also failed to promptly forward to debt buyers approximately 14,000 customer payments totaling almost $1 million. The CFPB found that Citibank violated the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act. Specifically, Citibank: Overstated the annual percentage rate in accounts sold to debt buyers: Between February 2010 and June 2013, Citibank overstated the APR for 128,809 accounts it sold to 16 different debt buyers. For some accounts, Citibank claimed the APR was 29 percent when it was actually 0 percent. Consumers paid about $4.89 million to debt buyers who used an APR inflated by more than 1 percent in collection efforts. Delayed sending consumer payments to debt buyers: From 2010 to 2013, Citibank delayed forwarding to debt buyers nearly 14,000 payments made by consumers, totaling almost $1 million. This delayed the updating of account balances and subjected consumers to collection efforts from debt buyers after they had already, in reality, paid off their account. Enforcement action Under the Dodd-Frank Act, the CFPB has the authority to take action against institutions or individuals engaged in unfair, deceptive, or abusive acts or practices. Under the CFPB’s order addressing illegal debt sales practices, Citibank must: Refund an estimated $4.89 million to roughly 2,100 consumers: Citibank must refund all payments consumers made from Feb. 1, 2010 to Nov. 14, 2013 to debt buyers that referenced an inflated APR provided by Citibank in their collection efforts where the discrepancy was more than 1 percent. Accurately document the debt it sells: Citibank must provide certain account documents when it sells debt, such as the credit agreement and recent account statements. Stop selling debt it cannot verify: Citibank cannot sell debts if it cannot provide documentation, if the consumers notified Citibank of identity theft or unauthorized use, if consumers allege in writing that they do not owe the amount claimed, or if the account is within 150 days of the end of the statute of limitations. Include certain protections in debt sales contracts: Citibank must include provisions in its debt sales contracts prohibiting the debt buyer from reselling the debt. Provide consumers with basic information about the debt: When it sells a debt, Citibank must give consumers information about the debt, such as the name of the original creditor, the credit agreement, and recent account statements. Pay civil money penalties: Citibank must pay a $3 million penalty to the CFPB’s Civil Penalty Fund. The full text of the CFPB’s consent order on debt sales is found at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-citibank-na.pdf Altered Affidavits Separately, the CFPB is taking action today against Citibank, two of its affiliates – Department Stores National Bank and CitiFinancial Servicing, LLC – and two debt collection law firms for altering affidavits filed in debt collection lawsuits. Citibank retained Faloni & Associates, LLC, of Fairfield, N.J., and Solomon & Solomon, P.C., of Albany, N.Y. to collect credit card debt on its behalf in New Jersey state courts. Citibank filed sworn statements attesting to the accuracy of the debt allegedly owed. Citibank then provided the affidavits to their attorneys to file with New Jersey courts. The two firms retained by Citibank altered the dates of the affidavits, the amount of the debt allegedly owed, or both, after the affidavits were executed. This violated the Fair Debt Collection Practices Act. In May 2011, Citibank learned that one of its law firms had altered affidavits and stopped referring new credit card accounts to it. At Citibank’s request, a New Jersey court dismissed actions pending as of Sept. 12, 2011 that Citibank identified as involving altered affidavits or incorrect information. The CFPB’s order requires Citibank to comply with the New Jersey state court order, in which Citibank had to refund $11 million collected from consumers and stop collection of an additional $34 million in debts, both of which Citibank has done. Solomon & Solomon, P.C., must pay a $65,000 penalty to the Bureau’s Civil Penalty Fund. Faloni & Associates, LLC, must pay $15,000. Consistent with the Bureau’s Responsible Business Conduct bulletin, the CFPB did not impose civil money penalties on Citibank for this violation, especially in light of its efforts to recompense harmed consumers. The full text of the CFPB’s consent order against Citibank, N.A., Department Stores National Bank, and CitiFinancial Servicing, LLC, related to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-citibank-na-department-stores-national-bank-and-citifinancial-servicing-llc.pdf The full text of the CFPB’s consent order against Faloni & Associates relating to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-faloni-and-associates-llc.pdf The full text of the CFPB’s consent order against Solomon & Solomon relating to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-solomon-and-solomon-pc.pdf
  5. Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification. Thanks in advance
  6. I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD
  7. Hello All, I am soliciting the expert advice in this forum for a bit of help with a recent Complaint with Citi A bit of background, They filed a similar suit over a year ago, which resulted in a summary judgment, that never got filed, and with a bit of luck was dismissed for lack of prosecution. My attorney botched this up, didn't file responses in time, and lost to SJ. They tried to reopen, but was disallowed. They have attempted to pick up where they left off, and have filed a new complaint for Debt and Money Due. Thanks to all! 1. Who is the named plaintiff in the suit? CITIBANK, NA 2. Name of the firm handling suit? The Moore Law Group, APC 3. How much is the suit for? <15k 4. Original Creditor? CITI 5. How do you know you are being sued? Summons 6. How was I served? In person 7. Was the service legal? Yes 8. What was your correspondence before being sued? (see my opening statement) 9. What State and County? New Mexico, Bernalillo DISTRICT COURT 10. When was the last time you paid on this account? I am unsure, however it is either very close, or past 4 years. 11. What is the SOL on the debt? In NM, written contracts is 6 years. Open accounts is 4 years. (if they have the original signed contract, it is considered written) 12. what is the status of the case? Was served a little over a week ago. No answer or motion in response filed yet 13. Have you disputed the debts on the CB's? No 14. Did you request Debt Validation? No 15. How long to respond to suit? I believe 20 days for MTD, and 30 days for Answer Rediacted Complaint scan.pdf
  8. Hello all! This is my first time posting so I apologize if I am in the wrong place. I missed a payment because of a stupid mistake and would like to get a late payment remark removed from my account. I paid off the late payment immediately and was finally getting my credit score up past 700 because of eliminating some utilization. Of course timing is awful and this late payment happened right when I was doing well because of computer error and me failing to double check that I had all my payments in. Now my score is below 640. I want to ask your expert opinions on a goodwill letter I have constructed. From everything that I have heard, Citi is one of the worst places to deal with getting a late payment removed. Calling them provided me with no help in this matter but I did get a late fee waived without having to say anything. Here is my letter: --------------------------------------------------------------------------------------------------------------------- Citibank 701 E 60th Street N Sioux Falls, SD 57104-0432 Regarding: Acct # xxxx-xxxx-xxxx-xxxx Dear Sir or Madam, I am writing to you today regarding my credit card account # xxxx-xxxx-xxxx-xxxx which I have had for only a short time. I originally opened my account with Zales to purchase my fiancée’s engagement ring. I am planning on purchasing our wedding bands through this account with Zales as well. The purpose of my correspondence is to see if you would be willing to give me a second chance and make a "goodwill" adjustment on the reporting of this account to the three credit agencies. I am very happy with the service that you offer and I plan to do business in the future with your company. I have high expectations of myself and I did not start off on the right foot. I missed the first payment of my account mistakenly thinking I had submitted it only to find out later that I had not. At this point I became past due of more than 30 days and a late payment mark was sent to the crediting agencies. My credit limit was also lowered after this occurrence. I know that payment was my responsibility and I am not attempting to justify this breach of my user agreement, rather I am only trying to show that this does not reflect my actual credit worthiness. I have never been late on any other accounts in any circumstance which is reflected on my credit report. I am sincerely hoping you might review the conditions under which this non-payment occurred and consider removing the negative trade line associated with this account from my three credit reports. As soon as I became aware of the balance I contacted customer service and paid the $156.00 balance in full immediately. I sincerely apologize for this action. As insurance, I have setup automatic payments to be taken from my account in the future. I am in hope to repair my credit in order to purchase a home this year and start my family. This mark is the only thing preventing me from that. I hope that Citibank is willing to work with me on erasing this mark from my credit reports. I sincerely hope that I can repair my status with your company and I look forward to continue working with you! Best Regards, Ferin ------------------------------------------------------------------------------------------------------------- I have never done this before and I tend to apologize too much so I don't want to sound too needy. Is it too early to ask for this removal as I haven't been with them for more than a few months? I also do not have any other citi accounts as my other cards are Chase and my bank is M&T. Please let me know if anyone here has any input! Tough criticism is greatly appreciated.
  9. 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.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Personally 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? Received dunning letter; timely sent validation letter; received a response giving me the name and address of the creditor. 9. What state and county do you live in? colorado . La Plata 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never - but attached statement has a date within SOL 11. What is the SOL on the debt? To find out: - It's within SOL 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). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date (June 10). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I recently sent a dispute to Equifax. Still waiting to get Trans and Exp via mail. 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. Yes and they responded with the name and address of the creditor. 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? I must file by June 10. 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. They attached an affidavit and a statement. The affidavit looks to be robo signed. Should I attach a redacted version?
  10. I received a letter from Midland attorney two weeks past the time I requested to produce documents. In the letter: As part of Plaintiff's ongoing duty to produce documents to your discovery request, please find the enclosed additional documents in support of Plaintiff's case. All Plaintiff's initial objections and assertions of privilege are incorporated herein by reference. Plaintiff reserves the right to supplement these materials pursuant to the Oregon Rules of Civil Procedure. These were enclosed: 1) An Affidavit of Sale of Account By Original Creditor after the time allowed to produce documents. It was signed by a person claiming to be the Asst Vice President of CitiFInancial, Inc. (OC) and notarized - the signature was illegible. This was from Missouri. I googled the asst. VP's name and the name of the notary, and there were no hits. I researched the notary on the Missouri Sec. of State website and "No records were found for the search criteria" popped up when I entered his name. 2) The Certificate of Conformity was signed and that lawyer does have a website and to my knowledge, is a practicing attorney. He is from Missouri. 3) There is a Bill of Sale and Assignment to Midland in San Diego, CA. This guy doesn't come up for Citi on google...only on another forum which states he signed the poster's BOS. 4) Information on my alleged acct. This is what is typed on the bottom: Data printed by Midland Credit Management, Inc. from electronic records provided by CitiFinancial Inc. pusuant to the Bill of Sale/Assignment of Accounts dated XX/XX/XXXX in connection with the sale of accounts from CitiFinancial Inc. to Midland Funding LLC. Midland's attorney also refers to me as the incorrect sex...any way that can be cause to dismiss for technicality? just wondering! Should I file a motion to strike the affidavit? I have a mandatory arbitration for the end of the month. Should correspondence be mailed to the arbitrator, or file with the court? Finally, I may be slow to respond because my sister just passed away, so I am dealing with a lot of personal issues right now. Please know I am thankful for all the help you can give me.
  11. As the title states, H&H has been trying to serve me for the past week and a half. Through pure luck, I have never been home when they tried to serve me. We live in a gated community and they need to get buzzed in before they would be able to serve me. That said, they were able to get through once 14 days ago and contacted my SO. SO said the server was looking for me; server would not give SO the documents, nor would they tell SO what the documents were about. I have not yet looked up the case online to see if they have actually filed anything. What should I/can I do to prepare myself? I messed up bad and did not request debt validation (a mistake I will never make again). They mailed me the 30 day letter end of July. The balance is ~7k, OC is CITI. Based on my research, my time RIGHT NOW should be spent writing a response to the complaint. AFTER I answer the complaint, I should do the following: Thoughts/Comments?
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