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Citibank Judgement

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My wife had a judgement against her from Citibank, shes only got 4 more days before the 30 days is up to where she could appeal. Its for 6500$ plus attorney fees of 1500$. The interest they are charging per annum is 7.5% until its paid. We tried to offer settlements, but of corse its Citibank, and they rejected every one. I asked our attorney about the usury interest limits in Texas, here is his response:

They did provide the original credit card agreement with their motion for summary judgment evidence, together with monthly statements that were generated on the account. Regarding the interest issue, the credit card agreement provides that it shall be construed in accordance with South Dakota law; accordingly, the Texas constitutional and statutory provisions limiting the amount of interest that can be charged is inapplicable. In fact, every credit card agreement in the country contains a provision called a “Choice of Law” provision that utilizes the state law of either South Dakota or Delaware, because those states have the most liberal provisions pertaining to the charging of interest.

When I asked about a motion to vacate, this was his response:

What we did (other than negotiating with the other party) was to review the documents that were filed to make sure that the affidavits were proper and that all of the necessary requisites of proof had been satisfied. Had the credit card agreement not been attached and proven up in the motion for summary judgment that was filed (or if any other defect in the proof was present), we would have filed a response, and the court would have denied the motion.

I guess my question is this, Is there any strategy or possiblty of being able to fight this, or do we just need to figure out a way of paying this off?

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Guest mikey

Can't give you any legal advice, but wow....my citibank was for a little over 5,000 but they waited 16 yrs and I won easily with a exired default in arbitration from the agency that tried to collect on it. sorry to hear..hope the best and maybe someone can give you some help.

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