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Ohio: Need to Answer Summons, Could Use Feedback


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I'm sorry to create a new topic. I have to answer the summons before Saturday, so any input would be appreciated.

Here's my info:

1. Who is suing you?

Javitch, Block, & Rathbone for Citibank

2. For how much?

948.33

3. Who is the original creditor?

Citibank

4. How do you know you are being sued?

Received a summons/complaint

5. How were you served? Were you served?

Certified mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

One letter from lawyer stating I owed this amount. I responded with a request for validation. Lawyer sent back a note with one copy of one statement attached, did not validate.

7. Where do you live?

Hamilton County, Ohio

8. When is the last time you paid on this account?

Not sure, but I believe in October 2005

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Need to file an answer by June 10 (Saturday).

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

Yes.

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No.

13. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming.

Here's what it reads:

A complaint has been filed against you with this court...

...The complaint of plaintiff will be taken as true, and a Default Judgement will be rendered against you, unless you do all of the following:

1. Within 28 days after you receive this summons, serve a written answer upon the palintiff's attorney, if any, or upong hte plaintiff. (Lawyer's name and address follows)

2. Within 3 days thereafter, file a copy of that answer with the clerk of Courts....

14. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

The same statement the lwsyer sent me--just one page of a statement saying I owe the full amount. The complaint reads, "attahced hereto as Exhibit "A" is an affidavit attesting to the amount owed the Plaintiff. The account records are not attached hereto because, upon information and belief: (a) copies were sent monthly to the Defendant, and are or were in Defendatns' possession, custody, or contol; (B) said records were archived by Plaintiff; and/or © said account records may be voluminous."

Here are my questions:

How do I answer this? I have talked to a lawyer but have yet to hear back from him today, and getting nervous. I just don't want to miss the deadline. I know I could answer myself; I was doing some sleuthing and just today left him a message asking if he could handle.

Is it worth it to fight this?

Am I going to be out more money if I fight? The story is this: my husband and I closed all of our accounts in October 05 and paid off credit cards with consolidation loan. Since that time, i have received no statements from Citibank, until this letter from the lawyer in late April.

Is it possible for me to fight this simply based on my word that I never received any statements? Do I owe the money? I'm not sure, but it would only be about 1/3 of the charges they SAY I owe since in my opinion how could I pay interest when I never received a statement of an outstanding balance?

Here's what I've done so far:

-Requested validation and didn't get it

-Made a second request for validation

-Picked up the summons/complaint at the post office (I actually sent the second request for verification the same day, registered mail)

-Called credit card company to request all my statements. They told me there was a cease and desist on my account so they couldn't give them to me

-Faxed request to cc lawyers asking that cease and desist come off so I can get my records

-Called cc co again and was told she couldn't handle it (800 number), and gave me another number to call during business hours

-Sent written disput to cc co and asked that they send full records

Thanks for any help you can offer. I've done a lot of searching on this site and still felt I needed to ask this.

MY ANSWER SO FAR:

I'm just going to post this as I need to feel I did something more while I can. WIll check replies later. This would be my answer so far (if I don't have a lawyer do it):

First, this is what's in each paragraph of the complaint:

1. I owe the sum of 948.33

2. "attached is exhibit A" (see copy in my previous post - this just referencing the one statement they attached, but say that statement is attached only because other records were voluminous or they reside with me, etc.

3. Defendant is in default on this repayment obligation

4. Although due demand has been made, the defendant has failed to liquidate the balance due and owing.

---

SO MY ANSWER SO FAR:

Court Name

County Name

Case #

Plaintiff v defendant

I. Answer

Defentdant answer the complain as follows:

1. admit the statements contained in paragraph numbers: (leave blank)

2. Deny the statements contained in paragraph numbers 3, 4

3. Lack knowledge about the truth and therefore deny the statements contained in paragraph number 2.

II. Affirmative Defenses

Defendant's other defenses are: Did not receive any statements regarding an unpaid balance. Closed account in October 2005.

Dated this (date)

Signature, address, telephone

-- Any feedback would be appreciated, and thank you.

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