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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]

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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.

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<blockquote>Originally posted by FixinItUp

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?

</blockquote>

ok, Im confused

:confused: what does this mean :notsure: ?

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<blockquote>Originally posted by FixinItUp

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?

</blockquote>

Your ok, I'm just asking questions so somebody more experienced can come by and easily answer the question.

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<blockquote>Originally posted by jersey3

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]

</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!!!!

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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.

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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?

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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]

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<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.

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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??????

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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

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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]

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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]

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<blockquote>Originally posted by jersey3

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]

</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???

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