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Going to court


shullet1
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Sorry this is so long but its the whole story...:) Ok, so now I have a court date. Dec. 5, with calendar call for motions for week of Dec. 5, on Dec. 1. Not sure what that last one is but I guess I should go.

All of this started with a citibank CC I had that got behind. I was in a repayment program in August that I thought was for one year. After they took 3 payments by debit, the fourth went past due. As I said, I thought I was in the program for a year. I was paying 123.00 a month, no late fees and no overlimit fees, and interest of 10%. In Nov. I got a call from one of their account managers telling me that I was only on a 3 month payment plan and that Nov. payment was late. She told me that if I paid $325.00, that would catch me up to date and the Dec. statement would reflect no past due amount and she would refund the late fees for Nov. I would be in good standing with the CC co. and interest would stay at 10% for a few more months then it would decrease. So, I paid the 325.00. didn't have it at the time but managed to scrape it together. When my Dec. statement came, I had late fees, overlimit fees and an interest rate of 29.9%. I called and was told that since I caught the account up that I went into the default interest rate and that put me overlimit and thats the way it was going to be. I couldn't afford to keep paying 325.00 and they didnt' want anything less than that. So, I didn't pay, and I didn't see another statement. I got letters from an attorney for citi, and I DV'D them. They sent me a verification letter, I sent a request for Dv again, they had me served with a summons in July, I responded with my answers by Aug. 12, then I recieved a big envelope 10/27 from the attorney, copies of statements from years past and statements that I have never seen before for Jan. of this year to present. Then, today I recieve the the letter with the Notice of Hearing. My only defense is that the amount they say I owe is wrong. After going over the statements, a lot of the late fees are charged twice.

I'm in NC, if that helps, is there anything I should do at this point?

Thanks,

Susan

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Okay, you're being screwed. I would do an answer denying everything and a discovery request. If the request isn't complied with in 10 days, followup with notice of motions and motions for compelling discovery and continuance - to buy more time for the motion to compel to be fulfilled. I would also check on the info given on this website about small claims and also my previous posts of which you will find quite helpful.

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I would just go to court and see if they'll come back with a settlement offer. They may not especially if they see you have a job and can pay up. The statements you received was the validation you requested, and it was very good validation! When you request Discovery they will send you those documents again. If it's any consolation, the filing of the suit should have stopped the interest and late charges from accumulating!

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  • 3 weeks later...

ok, so today is the day for motions for the week of dec.5. I"m going to show up just to see how things work. Is there a possibility that they will get their judgement today before I even get to say anything? Also, I don't have a job. The only income is my husbands and he's self employeed. NC is a non-garnishment state except for government things like taxes but I'm not working anyway so I guess that answers that question. I own nothing, have no income, and the only thing that has my name on it is the mortage, along with my husbands. What can they get if you have nothing? The amount I actually owe is around 4000.00, with the added interest and late/overlimit fees, it's been pushed to over 7000.00.

Thanks,

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OK, went to court for motions. I showed up they didn't but my case will be heard on Monday, 12-5. Know what the kicker is?.....I know the judge personally. rofl. We met on a weekend retreat. I was the assistant music director and she was there for a three day weekend retreat. We see each other once a month at meetings, is it possible that she doesn't recognize me?lol. I just thought it ironic that she would be the one hearing my case. Shouldn't she refuse to hear the case if she's familiar with me? Anyway, MOnday's my big day.

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