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Citibank suing me in my new state now. Respond to their letter?


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You may recall that Citibank tried to sue me in Nevada after I had moved to California and thanks to this board, we won that round. Now we get a letter from their new attorneys in California. I feel like a real amateur again now!

We are totally judgement proof except for owning one motorcycle clear. Our income cannot be attached because its all Social Security Disability and an ERISA protected IRA. We can't afford to settle. (They wouldn't take our settlement offer back when we had the money, of course).

How should I answer this letter? I think we are 1 year short of the SOL. I've been reading this site and feel dumb and awful rusty.. I don't see anything about how to answer their letter asking us to respond within 30 days.

Thanks.

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It's a collection letter, but actually it's the "nicest" and least demanding one I've ever seen (if that's possible)! Kind of makes you wonder if maybe they are bluffing us (but I doubt it). They've been looking at our credit file and know that we have a used car loan, no mortgage, and are using some credit cards. I told them in our Nevada responses how exactly we are judgement proof, but I guess that doesn't matter....they still hope we will settle. They always think you have money stashed somewhere but we don't.

P.S. The attorneys are clear down in So. Cal. and we are in No. Cal. Which also makes me wonder if they are serious or not...

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DV them, tell them you dispute the debt and deny owing any money to Citibank, tell them Citibank sued you once before in court and lost, so you would have defenses of SOL, res judicata or collateral estoppel. So if they sue you now, both Citi and the law firm risks a serious counterclaim. Copy the California AG if you wish

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Cool! THANKS!! Will try that!

P.S. It was my husband's ex-wife who ran up this account and he never got it taken care of during the divorce; we lost all in a Ponzi scheme; both became disabled, etc. We did not run up these charges ourselves and can't make payment arrangements but don't need to file bk.

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