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I sent a debt validation letter to a debt collector in mid-September and I just got a response this week. Their response is a questionnaire for me. Should I answer it and isn't it too late for them to respond to me since it has been more than thirty days????

[Edit by anna on Thursday, January 23, 2003 @ 09:57 PM]

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No you need not answer their questions nor prove anything to them. You are not reporting derogatory information on them. There's really no 30 day timeframe for a CA to answer your letter, it's more of a reasonable time for them to respond. Send a second letter giving them 15 days and state that "you have not validated this account etc..."

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I'm disputing the amount, I would prefer to work with the original creditor (Citibank) and I believe the SOL is coming up shortly. What is so ironic is that Citibank has solicited me for a credit card. Why would they do that if they have one of their assignees trying to collect on a past owed debt?

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<blockquote>Originally posted by Trilivonel

What is so ironic is that Citibank has solicited me for a credit card. Why would they do that if they have one of their assignees trying to collect on a past owed debt?

</blockquote>

Because the entire credit industry is whacked from top to bottom.

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Check the state law in your state to see if the collector has any standing in the court. If they don't, then don't worry about court.

As far as response to your letter, you have ammo to get the item removed from your credit report. Their response time is excessive and unreasonable. I allow a max of 45 days to show "good faith"

Cheers.

[Edit by IronMan on Wednesday, January 8, 2003 @ 01:18 AM]

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Thanks alot for all of your help!

Got another situation. The same CA who sent me out this questionnaire or what they call a "Information Subpoena" put a hold on my accounts. As I noted previously, I worked out a settlement with the CA and when I was laid-off notified them in a timely fashion and made sure I sent the notification certified. Can a hold be put on my account without my knowledge, especially since I did notify them of my employment status? Can the amount be modified if I am unemployed? In good faith, I planned on continuing the payment when I secured employment again. My bank suggested that I call them and make payment arrangements but their is already a set amount. Thanks for any responses and help given! :confused:

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<blockquote>Originally posted by Trilivonel

Thanks alot for all of your help!

Got another situation. The same CA who sent me out this questionnaire or what they call a "Information Subpoena" put a hold on my accounts. As I noted previously, I worked out a settlement with the CA and when I was laid-off notified them in a timely fashion and made sure I sent the notification certified. Can a hold be put on my account without my knowledge, especially since I did notify them of my employment status? Can the amount be modified if I am unemployed? In good faith, I planned on continuing the payment when I secured employment again. My bank suggested that I call them and make payment arrangements but their is already a set amount. Thanks for any responses and help given! :confused:

</blockquote>

ummm, do they have a judgment against you??

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Well, that just it. I have no idea. I have just been contacted by the CA this week. The last correspondence they sent me was in August and I responsed letting them know that I was unemployed and would resume payment when I was employed again and stated that. If there was a judgment against me, I certainly didn't receive ANY notification. If there is a judgment against me, wasn't I supposed to be notified? What are my legal rights?

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<blockquote>Originally posted by Trilivonel

Well, that just it. I have no idea. I have just been contacted by the CA this week. The last correspondence they sent me was in August and I responsed letting them know that I was unemployed and would resume payment when I was employed again and stated that. If there was a judgment against me, I certainly didn't receive ANY notification. If there is a judgment against me, wasn't I supposed to be notified? What are my legal rights?

</blockquote>

Call the courthouse in your county and find out if there's been a default judgment issued against you. If there has, go down there ASAP and file a motion to have it vacated based upon improper service. (Check your state's laws first to find ou what proper service consists of.)

Otherwise, they dont' have any legal standing to place a hold on your account, that requires a court order.

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I found out that there was a judgment against me but I wasn't notified until afterward. I did inform them in writing (certified) in a timely fashion regarding my employment status. Can I still fight the judgment? I wasn't told by the CA beforehand that this was the action they planned to take against me.

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Wow! you meen Shadybank is after you too?!

There was a class-action lawsuit involving Citibank reguarding pyaramiding late fees and penalties on credit cards as well as a credit card protection scheme. I Read this in the Wall Street Journal but want to find the actual court cases.

It has been three years since last acivity with citbank and I have not been served yet though. Currently my account is with there litigation department because I disputed with there third party collectors . There litigation department is far more courtious and professional than there customer service.

Hopefully we can get some advise on what to do with citibank

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Ok. So they got a judgment. Did you get a copy of the Proof of Service from the courthouse ?? If not, do so right away. You need to find out how you were supposedly served and it that service was improper you can get the judgment vacated. I would move on this ASAP !

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I will move on all of you all suggestions ASAP. But I am curious about one thing. Wasn't the court supposed to contact me about the court date? In the past, I was contacted regarding any activity on an open index number. Also I think that the CA got a speedy judgment because they know that the SOL is about to expire (Feb. 2003).

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No, I did not. I was served in person, by mail or by certified mail. I think the CA got a speedy judgment by lying about whether I was served. I posted another topic on the suing CA and CRA board and another member, Bingo, said to be careful about filing a lawsuit against the CA because there are some federal cases out there that are saying what the CA did was not continued collection activity. If so, what would a judgment be called?

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  • 2 weeks later...

Went to court and county clerk's office stated that in NY improper service isn't a defense to have a judgment vacated but if I dispute it, that is my defense. The office said the the CA "supposedly" served me in May 2002. Now I know that is incorrect because the only summons I received from them, I answered on another Citibank account. I don't really recall this current one they claim I owe. They send me a letter in late June stated that "unfortunately they couldn't reach me". If so, how could I have been served in May, right? Like I said before, I sent out a DV letter July 15th and I never got a response. I have to call the County Clerk's office today to see if the case has been added back to the calendar. What kind of defense do I have since in my state I can't use improper service?

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In NY, you can be served by publication - a notice in the newspaper, so if they claim they can't find you and publish in the paper, you've been properly served as far as the law is concerned.

If they served you by certified mail, then they'd have to produce the green card that you would have had to sign to prove service.

Here's the NY law on service of process:

http://www.guaranteedsubpoena.com/ny.asp

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