Anonymous Posted June 8, 2003 Report Share Posted June 8, 2003 i just learned im being sued by citi bank I had recieved a debt collection notice back in, oct of 2002 by an attorney. I wrote and asked for validation . Five months later all they sent me was copies of readouts of monthly billing statements. Thats all. Now 2 months later I am being served a summons/complaint. I know those readouts are not proper validation, so how are they able to do this. What should I do in response? [Edit by jersey3 on Saturday, June 7, 2003 @ 11:20 PM] Link to comment Share on other sites More sharing options...
cybercrusader Posted June 8, 2003 Report Share Posted June 8, 2003 Are you being sued directly by Citibank or a CA who purchased or was assigned the debt? Have you checked the SOL?What you got is not proper validation. However, if it's the OC who is suing you, then there are no FDCPA violations because it doesn't apply to them. But your state law may say otherwise.In court it will come down to the evidence. They need to prove to the judge that the debt is yours regardless of what they sent you as validation. This means a signed contract, charge slips with your sig, or some other type concrete evidence that proves you had a card and went around charging with it. I was sued with alot less than what you got. You must demand proper proof. You can win. As to the steps to answering a complaint and what to do next, I'm sure if you provide a few more details, the legal experts around here will answer your questions. Link to comment Share on other sites More sharing options...
ADSOFT Posted June 8, 2003 Report Share Posted June 8, 2003 Did they provide1) A signed contract when you started the Credit Card account2) Itemized statements from the first statement date.3) Are they suing in a court in the county in which you opened the credit account!!! Link to comment Share on other sites More sharing options...
Anonymous Posted June 8, 2003 Author Report Share Posted June 8, 2003 no they did not provide a signed contract yes they are suing in the county where the account was opened [Edit by jersey3 on Sunday, June 8, 2003 @ 11:53 AM] [Edit by jersey3 on Sunday, June 8, 2003 @ 11:53 AM] Link to comment Share on other sites More sharing options...
FixinItUp Posted June 8, 2003 Report Share Posted June 8, 2003 Is the county where you are located a big deal? What if you opened an account in a state with a longer SOL but moved to a state with a shorter SOL and you lived in the new state past that state's SOL period? Link to comment Share on other sites More sharing options...
vonniegirl Posted June 8, 2003 Report Share Posted June 8, 2003 <blockquote>Originally posted by FixinItUpIs the county where you are located a big deal? What if you opened an account in a state with a longer SOL but moved to a state with a shorter SOL and you lived in the new state past that state's SOL period?</blockquote>ok, Im confused what does this mean :notsure: ? Link to comment Share on other sites More sharing options...
vonniegirl Posted June 8, 2003 Report Share Posted June 8, 2003 Is this happening to jersey, or to you Link to comment Share on other sites More sharing options...
FixinItUp Posted June 8, 2003 Report Share Posted June 8, 2003 Jersey is getting sued and the question came up about the county where the suit is taking place. i had a follow up question about the venue if you moved from one state to another? Should i have posted this seperately? Link to comment Share on other sites More sharing options...
ADSOFT Posted June 8, 2003 Report Share Posted June 8, 2003 <blockquote>Originally posted by FixinItUpJersey is getting sued and the question came up about the county where the suit is taking place. i had a follow up question about the venue if you moved from one state to another? Should i have posted this seperately?</blockquote>Your ok, I'm just asking questions so somebody more experienced can come by and easily answer the question. Link to comment Share on other sites More sharing options...
ADSOFT Posted June 8, 2003 Report Share Posted June 8, 2003 <blockquote>Originally posted by jersey3no they did not provide a signed contract yes they are suing in the county where the account was opened [Edit by jersey3 on Sunday, June 8, 2003 @ 11:53 AM] [Edit by jersey3 on Sunday, June 8, 2003 @ 11:53 AM]</blockquote>What state was the original contract in???Are you being sued by the OC(CITIBANK) or by the an Attorney of the collection agency??Did you make any partial payments??Did you send a DV letter?Why am I asking so many queesios, guess who got sued by CITIBANK??... I know their style!!!! Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 9, 2003 Report Share Posted June 9, 2003 Is the plaintiff the OC or a CA? Do you have a state statute that gives you any protection regarding failure to properly validate by the former? If you have valid counterclasims, be sure to review the applicable rules of procedure regarding timely assertion. Link to comment Share on other sites More sharing options...
Anonymous Posted June 9, 2003 Author Report Share Posted June 9, 2003 florida no partial pmts yes I sent debt validation letter it looks like Im being sued by the original creditor. Its an attorney that was hired by oc to collect the debt. I sent request for validation last Oct. Didnt recieve anything until 2 mo. ago. All he sent was photo copies of about 2 years worth a montly billing statement. No contract with signature or anything else. Now I saw on the clerk of the court web site that I was looking into about another court date status for a traffic ticket, and happen to stumble on to a case filing for a civil suit concerning the credit debt. I also went on to the sheriff office website for civil and saw a pending summons/complaint to be served this was filed two days ago. Oh by the I think Im judgement proof.No assets, savings, property etc just an 1996 car thats in real bad shape. Also unemployed at this time do to medical reasons. I just thought that without sending me the proper validation I requested that they could sue. Any thoughts here? Link to comment Share on other sites More sharing options...
Anonymous Posted June 9, 2003 Author Report Share Posted June 9, 2003 florida no partial pmts yes I sent debt validation letter it looks like Im being sued by the original creditor. Its an attorney that was hired by oc to collect the debt. I sent request for validation last Oct. Didnt recieve anything until 2 mo. ago. All he sent was photo copies of about 2 years worth a monthly billing statements . Not all statments from date opened. No contract with signature or anything else. Now I saw on the clerk of the court web site that I was looking into about court date status for a traffic ticket, and happen to stumble on to a case filing for a civil suit concerning the credit debt. I also went on to the sheriff office website for civil and saw a pending summons/complaint to be served ,this was filed two days ago. By the way I think Im judgement proof.No assets, savings, property etc just a 1996 car thats in real bad shape. Also unemployed at this time do to medical reasons. I just thought that without sending me the proper validation I requested that they could not sue. This is a charged off account . I never even received an intent to sue letter or any kind of settlement offer. Looks like there going straight for the juggler.Seems pointless being I have nothing worth any value or assets. Any thoughts? Also how to respond to the complaint.[Edit by jersey3 on Sunday, June 8, 2003 @ 08:58 PM] [Edit by jersey3 on Sunday, June 8, 2003 @ 09:07 PM] [Edit by jersey3 on Sunday, June 8, 2003 @ 09:57 PM] Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 <blockquote>Originally posted by jersey3 florida no partial pmts yes I sent debt validation letter it looks like Im being sued by the original creditor. Its an attorney that was hired by oc to collect the debt. I sent request for validation last Oct. Didnt recieve anything until 2 mo. ago. All he sent was photo copies of about 2 years worth a montly billing statement. No contract with signature or anything else. Now I saw on the clerk of the court web site that I was looking into about another court date status for a traffic ticket, and happen to stumble on to a case filing for a civil suit concerning the credit debt. I also went on to the sheriff office website for civil and saw a pending summons/complaint to be served this was filed two days ago. Oh by the I think Im judgement proof.No assets, savings, property etc just an 1996 car thats in real bad shape. Also unemployed at this time do to medical reasons. I just thought that without sending me the proper validation I requested that they could sue. Any thoughts here?</blockquote>Ok, that's was pretty much my situation.I'm not a lawyer, and hopefully somebody more experienced will jump in. ... But, I'm going to what I can for you.First of all, you don't want to get a judgement on your record.If you deny everything and go to court you are going to get a judgement on you, because all they have to prove is that you used the card.If they don't have a contract(and if I'm wrong please somebody jump in) then they should not be able to charge you for the interest, and attorney's fees. I'm not sure how you are going to argue that? I would add up all the fees and dispute that you stopped paying because at some point they could not verify the interest rate.Now, you also have to find out about the SOL(statuete of limitations) it's different for every state, somebody else is going to have to help you there, because I only know it for my state. You, might be able to get off on that point, so I would definatly investigate that.They also have to sue you in the proper county, look at the address of first bill, statement.When I showed up to court, the lawyer want to make arraingements for me to pay monthly payments, I didn't want to so they crossed examined and I blew it.What you mignt want to do, is settle before going to court, I believe the lawyer will try to talk to you. The judge might also ask you if you want to settle, ask him if you settle, will there be a judgement in your name.... I would argue that they were trying to charge extra fees and thats why you stopped paying.... Maybe you can try to settle for 40% on the dollar and borrow the money or agree to small payments. But, don't deny that the bill is yours and don't thinkd because they don't have a contract that you owe nothing, that's the mistake I made.... If they are suing in the wrong county, then you might be able to not show up and then have the default judgement vacated.I hope that works. Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 Also, how much was the amount, You might want add up all the expenses in the statements that they sent you and make it 40%, try to settle for that much, No attorney's fee, no collections fees, no interest.See if you can borrow the money, or make arraingement to pay. I'm not sure if you agree to make payments if that will show up as a judgement.Does anybody out there know?????? Link to comment Share on other sites More sharing options...
Anonymous Posted June 9, 2003 Author Report Share Posted June 9, 2003 problem is here I have no money to settle with or anyone to borrow from I am indigent at this time. Not to mention other personal and legal problems. Really dont need this problem at this time, but knew it could happen. My job of 10 years suddenly desides to go out of business. Then my car was stollen right after i paid it off and dropped the full coverage and went with basic insurance. When they recovered the vehicle it was severely damaged and they had keyed the whole cars paint. Then I borrowerd enough to be able to get the car running at least, I was coming home from the repair shop and the hood blew up when I was driving on the interstate going 60 mph. Doing more severe damage not to mention all most getting me killed. I know Im getting a little off course here with this ___ SORRY It just shows things happen to people that gets them in these financial situations. Any advice from this board is always appreciated Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 How much are they suing you for??? Link to comment Share on other sites More sharing options...
Anonymous Posted June 9, 2003 Author Report Share Posted June 9, 2003 12 K This is the first of several that could come after me. I"ve thought about bankruptcy. But cant afford a lawyer right now. Im so depressed.Im not saying that Im not guilty of causing this credit mess but these other problems didnt help either. Things were great for a long time and under control , then the bottom fell out. [Edit by jersey3 on Monday, June 9, 2003 @ 02:45 PM] [Edit by jersey3 on Monday, June 9, 2003 @ 02:58 PM] Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 <blockquote>Originally posted by jersey3 12 k</blockquote>Did you check the statue of limitations????? Link to comment Share on other sites More sharing options...
Anonymous Posted June 9, 2003 Author Report Share Posted June 9, 2003 I believe in florida its 4 or 5 years. Im only at 18 mo's since I last made any payments.I was surprised they didnt try to settle with me first or send a intent to sue letter first. If I hadn"t stumbled on it I wouldnt of known that it was gettting to this point until I was serverd. Which should be any day now. What happens If they never catch up with you to serve you? [Edit by jersey3 on Monday, June 9, 2003 @ 02:53 PM] Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 <blockquote>Originally posted by jersey3I believe in florida its 4 or 5 years. Im only at 18 mo's since I last made any payments.I was surprised they didnt try to settle with me first or send a intent to sue letter first. If I hadn"t stumbled on it I wouldnt of known that it was gettting to this point until I was serverd. Which should be any day now. What happens If they never catch up with you to serve you? [Edit by jersey3 on Monday, June 9, 2003 @ 02:53 PM]</blockquote>I'm not an expert when it comes to court, BINGO help you out, you might be able to drag it out until you get a job. .. Like I said, I'm not an expert but I've heard of some people asking for DV, and the other side has to stay until they do, then when you go to court you can ask for a contiunce or the right type of judge,,, I think!!! But, I think you have broken the problem down enough so Bingo or Calawyer can help you out.Ask, them what is the best strategy to delay this so you don't get a judgement or have to pay until you get a job??? Link to comment Share on other sites More sharing options...
grantjeffries Posted June 11, 2003 Report Share Posted June 11, 2003 Bump Link to comment Share on other sites More sharing options...
calawyer Posted June 11, 2003 Report Share Posted June 11, 2003 I am not sure from these posts whether you are being sued in Fla. State Court. If so, it sounds to me like you might qualify for legal aid. Here are some numbers to call:http://www.flcourts.org/ (Click Legal Aid Phone Numbers) Link to comment Share on other sites More sharing options...
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