willingtocope Posted January 6, 2007 Report Share Posted January 6, 2007 There are posts on the board here that claim that you should not use the "debt validation" process with any collection agency that represents Citibank. The claim is that Citibank will immediately file suit to collect on such debts.Can anyone offer FIRST HAND knowledge that this is true? Have you personally DV'd a Citibank CA and been sued in return? Link to comment Share on other sites More sharing options...
divemedic Posted January 6, 2007 Report Share Posted January 6, 2007 I am going to sticky this for a little while, to see if we can get anyone who has actually been served by Citi in response to a DV to a CA collecting on Citi's behalf. Link to comment Share on other sites More sharing options...
Fade to Black Posted January 7, 2007 Report Share Posted January 7, 2007 I DV'd a Citi Collector back in 2/2002. They filed suit 4/2002. They are the only OC who filed... Link to comment Share on other sites More sharing options...
willingtocope Posted January 7, 2007 Author Report Share Posted January 7, 2007 I DV'd a Citi Collector back in 2/2002. They filed suit 4/2002. They are the only OC who filed...Could we have more information please? How long had the debt been delinquent? Was this the first CA to contact you regarding the Citi debt? How many other debts were involved? Link to comment Share on other sites More sharing options...
Fade to Black Posted January 7, 2007 Report Share Posted January 7, 2007 The debt was charged off in summer of 2001. The law office was the 1st contact after Citi. There were two accounts both over 10k. They only filed on one. Link to comment Share on other sites More sharing options...
divemedic Posted January 7, 2007 Report Share Posted January 7, 2007 I just looked at your old posts. Wasn't it Discover who sued you?http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=224579 Link to comment Share on other sites More sharing options...
Fade to Black Posted January 7, 2007 Report Share Posted January 7, 2007 Discover sued my other half....I was sued by Citi and it was in early 2004...sorry. The account was charged off in 2002. We moved. I DV'd. We moved again. They filed suit at previous address. We moved again. Every move was to another county or state. They were always one address behind. Both summons were served to people we sold our house to and they accepted the summons because they said they knew us. One was forwarded 200 miles and the other over a 1,000. I can prove that I did not live at the address where the summons was delivered. Neither default judgement shows on our credit reports. I have gotten two mortgages since then and no mention of judgements. But, both Discover and Citi filed suit after I DV'd the first collector. They sued because, it was no where near SOL, I had good paying job, I owned an expensive house and I told them I would not pay without validation. They responded with a lawsuit. Link to comment Share on other sites More sharing options...
willingtocope Posted January 8, 2007 Author Report Share Posted January 8, 2007 Discover sued my other half....I was sued by Citi and it was in early 2004...sorry. The account was charged off in 2002. .........They sued because, it was no where near SOL, I had good paying job, I owned an expensive house and I told them I would not pay without validation. They responded with a lawsuit.I guess I would put this down as NOT evidence that DVing a Citi CA gets you sued. Given that both Discover and Citi sued...it sounds like there may have been other reasons... Link to comment Share on other sites More sharing options...
mparksmagic Posted January 15, 2007 Report Share Posted January 15, 2007 I got sued by Palisades 10 days after they received my DV. Needless to say, I won the lawsuit. Link to comment Share on other sites More sharing options...
willingtocope Posted January 15, 2007 Author Report Share Posted January 15, 2007 I got sued by Palisades 10 days after they received my DV. Needless to say, I won the lawsuit.With that kind of timing, I'm guessing the suit was already in progress. Is there anyway we can tell if the suit was direct result of the DV? Link to comment Share on other sites More sharing options...
admin Posted January 15, 2007 Report Share Posted January 15, 2007 I think this is a good question. From all of the posts that I read - Citibank will sue you no matter what - it rarely makes it to collections. Old collection accounts that resulted from Citi accounts, though - if you DV them, they will sue. Link to comment Share on other sites More sharing options...
willingtocope Posted January 15, 2007 Author Report Share Posted January 15, 2007 Maybe. No one with first hand knowledge of this has responded as yet. There are lots of posts by that debt-fixer claiming this was the case, but, as yet, no one has come forward to confirm it. Link to comment Share on other sites More sharing options...
lizbeth0807 Posted February 5, 2007 Report Share Posted February 5, 2007 Are you being sued by Citi? or a Debt collector (like unifund, CCR) representing Citi. It makes a big difference. Link to comment Share on other sites More sharing options...
ArtDivainDebt Posted March 8, 2007 Report Share Posted March 8, 2007 Yesterday I was verbally attacked by a collector for a company. It was then I decided to DV them. I have followed all the steps but today I was contacted by the "Branch Manager" explaining that "I refused to pay" and that on the 19th Chase will pursue a Legal Demand on me. UUHHH it was my understanding that they are a collections agency, though I had to pull that information out of him and the first guy didn't even give me a chance to find out how much they even say I owe. So I guess my most pressing question is: If the collection agency is contacting me and they claim that in 30 days it will be turned back to CHASE are they not lying to me? It is my understanding this was charged off Feb 28Help I am so confused Link to comment Share on other sites More sharing options...
willingtocope Posted March 8, 2007 Author Report Share Posted March 8, 2007 ArtDivainDebt: Welcome to the club. Confusion and panic is what they want you to fell. Don't be too upset by the whole thing. Its just their script.What happens next? Well, its hard to be 100% sure, but usually what happens is you'll probably get another call from them...they may or may not reference what's already happened...they may just start on the next part of their tactics.Will it be turned back to Chase? If you don't cave in and pay, yes. But, all that means is that Chase will then farm it out to another collector. The next collector might be a lawyer...and, yes, you might get sued. No gurantees.And...charge off is just an accounting term that means more to them than it does to you. You still owe...they'll still try to collect...Be sure and follow through with the DV process...and, stop talking to them on the phone. They're trained to pressure you into doing something you might not have to. Link to comment Share on other sites More sharing options...
ferdilverdil Posted March 8, 2007 Report Share Posted March 8, 2007 Am I reading more into this then I should? Or am I just confused??...When a collection agency responds to your request for validation with a summons to appear (meaning they are trying to get a judgment against you)1/17/2002: These sneaky collection agencies are starting to catch on to the debt validation concept. (No doubt there is some kind of collection agency newsletter going around telling these folks about the whole process.) I've heard from my readers that some collection agencies are starting to respond to validation requests with summons to appear in court. There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case:Spears vs. BrennanCan the OC sue you if the debt has been sold or assigned to a CA that you DV'd? Link to comment Share on other sites More sharing options...
divemedic Posted March 8, 2007 Report Share Posted March 8, 2007 Spears is not a defense to a suit- at most, it enables you to countersue. Link to comment Share on other sites More sharing options...
ferdilverdil Posted March 8, 2007 Report Share Posted March 8, 2007 The appeals court determined: "Brennan (plaintiff collection agency attorney) violated 15 U.S.C. § 1692g( when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears." This means that you have an absolute defense in court to deny them judgment if they still have not validated the debt. Once you get your FDCPA dispute letter in, the collector cannot even get a judgment until they satisfy the FDCPA law. The appeals court overturned the default summary judgment in part because the collection agency lawyer did not meet the rules of the FDCPA.This could be grounds for getting a default judgment vacated. It's also another violation of the FDCPA and you can collect $1,000 from them. Link to comment Share on other sites More sharing options...
divemedic Posted March 8, 2007 Report Share Posted March 8, 2007 1 Spears is a state case in Indiana. It is not binding on any court outside of Indiana. 2 If you read the actual Spears v Brennan case, Spears was sued by Brennan (on behalf of American General Finance) in small claims court. Spears demanded validation, which Brennan did not provide. The suit moved ahead, and Spears lost the case. Shortly thereafter, Spears filed for bankruptcy and brought an action against Brennan seeking civil liability under the FDCPA. Brennan and Spears filed cross motions for summary judgment on the FDCPA action. The trial court denied Spears’ motion for summary judgment and entered summary judgment in favor of Brennan, concluding that “[a] careful consideration of the record in this cause discloses that . . . Brennan, without any issues of material fact[], has not violated the provisions of the [FDCPA.]”The Indiana Appeals Court overturned the summary judgement, and remanded it back to the lower court.Note that the FDCPA violations, and the lack of was not a defense to the original claim, but was instead grounds for a counter claim against the collector.Furthermore, you do not get $1,000 per violation, you get a MAXIMUM of $1,000 per action. Link to comment Share on other sites More sharing options...
ferdilverdil Posted March 8, 2007 Report Share Posted March 8, 2007 I have soooo much to learn ! Link to comment Share on other sites More sharing options...
divemedic Posted March 8, 2007 Report Share Posted March 8, 2007 We all do. You would not believe how many credit law attorneys have problems with FDCPA and FCRA issues. Link to comment Share on other sites More sharing options...
johnransom Posted March 15, 2007 Report Share Posted March 15, 2007 Just noticed this sticky. I was sued by Zarzaur & Schwartz, a small local collection attorney here in Birmingham, when I DV'd them on a Citibank account back in 12/04. They also had the nerve to request - and get - summary judgment on the suit even though I had responded to the suit. It was vacated and the case went to settlement. Link to comment Share on other sites More sharing options...
willingtocope Posted March 15, 2007 Author Report Share Posted March 15, 2007 Just noticed this sticky. I was sued by Zarzaur & Schwartz, a small local collection attorney here in Birmingham, when I DV'd them on a Citibank account back in 12/04. They also had the nerve to request - and get - summary judgment on the suit even though I had responded to the suit. It was vacated and the case went to settlement.Can you fill us in on the exact time frame? One of the "debt fixers" who frequented the board a while back claimed that if you were delinquent on a Citi account, and Dv'd the FIRST CA, they'd immediately sue...was that what happened to you? Link to comment Share on other sites More sharing options...
mcck Posted March 15, 2007 Report Share Posted March 15, 2007 I have Dv'd CAs that represent Citi 4 diffrent times in the past 8 months and lucky me no summons yet. That doesnt mean it may not happen, but I have dodged the bullet 4 times. The value of the Citi account is $5300 or so. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 15, 2007 Report Share Posted March 15, 2007 How long ago did you default mcck? Link to comment Share on other sites More sharing options...
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