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Citibank served my disabled friend

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My friend who is disabled and has glacoma had me read the Civil Summons he recieved from a lawfirm representing Citibank.

Attached too the Summons is on vauge Citibank bill. There are no itemized list of charges made to the card, just a New Balance amount of 2239.60.

The following is an excerpt of the Summons

"2. The Plaintiff is informed and believes and therefore alleges that the Defendant is a citizen and resident of Forsyth, County North Carolina, and is of a legal age and and under no legal disablity."

My friend is a senior citizen and legaly disabled.

How do we respond too the summons. Should we initiated validation procedures as well.

Any advise would be great. I have had problems with Citibank myself but this is dishearting that they would pursue such a small amount against someone thats disabled.

Thanks for any advise


[Edit by craibs00 on Tuesday, April 8, 2003 @ 06:07 PM]

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Ok, some questions.

How old is this debt ? When was the last time your friend paid Citibank ?? NC has a very short SOL on credit cards.

2 - Your friend MUST answer the summons. In it, you deny any and all allegations, including the one that says your friend is not disabled. He'll probably need something to prove he's legally disabled.

Here's a link that will tell you how to Answer the lawsuit:


If nothing in the Answer denies the allegations in the Complaint, they will win a default judgment. If your friend is disabled, what is the source of his income ? If its only SS or disability, his income will be totally exempt from siezure or garnishment.

What about assets ? Does he own his home and how much equity does he have if he does ??

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thanks for the reply. My friend in legally disabled do too blindness. His only source of income is his Social Security income. It appears that Citibank failed too notify the lawfirm representing them that the account is disputed as well.

Since one of the premises from which the small claims summons was issued is that he "does not have a legal disablity". Is the claim even valid

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I'd say that sounds like a great place to start for a disputing the suit - your friend is legally disabled. It would be pointless for them to go forward with the suit - his income is exempt and if he has no other assets, and won't have, a judgment would be totally useless.

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