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Is OC bound by FDCPA??


nusteem
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First of all, an out of state attorney can not sue you unless the attorney is licensed in your state.

Did Citi have an address for you in whatever state you are mentioning? This sounds very unusual.

Second, the FDCPA is only specific to 3rd party collectors. The OC's have their own regulators.

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Xanthos is absolutely right. FEAR CITI!! They are ruthless just absolutely ruthless. Unless you choose to hire an attorney and dispute the account which in my opinion, is a fight with a very predictable outcome and you are not the last man standing. Citi will provide stellar discovery specific to anything requested, provide a witness to records, there are just no loopholes with these guys they are like a frogs butt in water. Unless you have some unusual circumstances going on this is what Citi will offer to you...

24 months to pay the balance in full without a judgment and they may require 25% of the balance as a down payment and 23 months for the remaining balance. If you were served file an answer...you can find a generic one here on this site. I suggest you file the answer first and then try to arrange payments.

Or, you can settle for 80%. No judgment.

If you have a medical condition that is the cause of your inability to pay and if you can provide such proof you may have a very good chance to settle for 50%.

I did last month for a client. The client received the summons, filed an answer and then I began working on negotiating. I put together a financial disclosure detailing monthly income against monthly expenses and of course only included the necessities leaving out any kind of luxury items and ofcourse, her income matched her expenses.

I put together a hardship letter explaining her circumstances in detail listing the events leading up to her inability to pay and why she can not continue to make any future payments.

I provided plenty of medical docs proving her medical condition from the clients physician with letterhead and signature which is required. Not just a bill.

Lastly, Once you have all mentioned doc's together you write your settlement proposal for 50% of the balance. You can find a sample I'm sure on this site.

These are the only options I know of right now. I just finished a 13 month case with Citi and tried working every angle possible with a very good attorney and the only offer lower than their 80% or 2 years was a deduction of $1500.00 from the principal only because this is what it would cost Citi to fly in their witness of records.

Citi will generally settle for 50% but once the account is placed with a local attorney they want to sue and thats that.

Since I know nothing about your situation you may have a potential angle to work. You can either post here or PM me. For the last 1.5 years, I 've been handling primarily Citi and MBNA accounts so I'm pretty familiar with most of the attorneys and I have been able to get some to agree to terms outside of what Citi's policy is of 80% or 24 months.

So, explain what happened to you for this account to go unpaid. How did it get to an attorney? Did you send a CD or DV? If you did that answers the questions of why they are sueing. Anyway, if you can provide more information I can possibly help point you in the right direction.

You must take this seriously. Citi don't play. Once they sue expect your bank, home and wages to be liened because it will happen within 30 days of your default or summary if you dont act on this.

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Bernard and Strawer of NC filed suit for Citi about 1.5 years ago. I have been through the interogortories and discoveries.

What I have here is 3 Citibank accounts and 1 ATT account( later assigned to Citi). Total abount 12,000. I could not continuing paying on these accounts and I requested validation. The accounts were opened in 1986 and 1987. They belonged to my wife or me and we really did not know sho opened or who was the primary or who was the authorized user. Our credit files were getting crossed up.

During discoveries they could not produce any docs as to who the primary card holder is not even an application. They have submitted statements and an Affidavit of Debt. Recently I recieved an amended motion for summary judgement. I am planning to do a Motion to dismiss for lack of evidence amoung other things.

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Well, I definitely couldn't tell how far this has progressed from your previous posts. You should go to "is there a lawyer in the house" on the index page and post this again. I would think you would have better luck there since most discussions are specific members cases.

This is what happened to me recently though...

Your case is exactly where we ended up settling the 13 month old case....since they submitted the affidavit, they can have the actual witness appear and that can close the deal. My client had a similar circumstance where the card was an old at&t and no citi could not produce a signed contract and other related documents but still they had a strong case and we knew that once they produced the witness who signed the affidavit despite "hear say" we decided to take their offer and avoid the judgment. Not to mention...The judge was clearly in favor of citi the entire time. My client stood a good chance of losing his job if there was a judgment awarded. Believe me, we carried this out for 13 months for a reason...

Anyway...check out "is there a lawyer in the house"

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I have an Attorney that works for Citbank in another state that is suing me over CC debt. Does the FDCPA apply to the OC??

The FDCPA does apply to OCs only under to circumstances: if they use a false name in the process of collecting which leads the consumer to believe a 3rd party collector is involved when it is just the OC; or, if the OC lends their name to a 3rd party collector whereby the consumer thinks it is the OC collecting when it really is a 3rd party CA.

If either of those conditions exist the OC looses their exemption from the FDCPA and are considered collectors by law.

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Although I agree that Citi is formidable, they are just as subject to the law of the land as any other creditor.

Citi came after me BIG time. They failed to respond to DV. They ignored several C&D notices. They outsoursed the collection to India (to an outfit called Msource) who proceeded to violate the FDCPA 12 times.

I filed 12 complaints with the FTC. I filed copies of everything with their state AG. I sent an ITS (in Federal Court) to Citi, along with copies of everything else I had. (including green cards from all of the certified letters)

After four months of their crap, Citi ended up deleting the account (almost $7,000. debt) AND deleting ALL of their CBR reports. They are now completely gone from my record.

So, they are not invincible.

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The following comes from the body of the motion my attorney filed with courts.

Motion to Dismiss

In accordance with I.R.C.P. 12(B)(6) and 15 U.S.C. 1692g(B) ((Your Name)) moves the court for its order dismissing the Plaintiffs' complaint.

The Plaintiffs have violated the Fair Debt Collection Practices Act (FDCPA) by failing to validate the debt alleged against (Your Last Name). (Your Last Name) timely demanded validation of the debt. Under the FDCPA, a creditor must cease collection efforts when a debtor timely presents written demand for validation. 15U.S.C. 1692g. Failure to validate the debt prior to seeking furhter collection action is a violation that may result in dismissal of a complaint and exposes the creditor to liablity for damages. Spears v. Brennan, 745 N.E.2d 862 (Ind. Ct. App. 2001).

Oral argument is requested

Citibank dismissed the lawsuit three days later.

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