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Served summons..."?'s".....HELP!


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I was served summons paperwork from a citibank lawyer yesterday. Before the lawyer, GC Services TRIED to collect from me. My questions...

1. GC Services were possibly in violation of FDCPA, 806, 807 and 808. I don't have written evidence of this only taped converstations (you know, how they say "this conversation may be taped for quality purposes"! AND, I did call Citibank and complain to them and they in turn did an investigation of some kind cuz GC was even nastier to me after they knew I had called. How would i know for sure if they were in actual violation? Isn't this kind of a thing subjective?

2. If they did violate FDCPA, would I sue Citibank, GC Services...the paperwork was from, Citibank or "Plantiff's attorney"

3. If after some clarifying whether or not they did violate the FDCPA, what is my next step in responding to the summons, i.e. answer, proper response, etc.

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if you received by "goof reply"...sorry! Here is some information:

I am being sued by Citibank

$5400. is the balance on the card

Citibank is the original creditor

I was served a summons yesterday at my house (which scares me concerning leins and such!)

I live in Arizona

Last payment was in Aug. 2006

There is no court date. I am to respond with an answer or proper response to the court clerk AND the Citibanks atty before 20 days and then appear in court by the 20th day.

I have not disputed the balance

Charges are failure to pay

Evidence was an affidavit (with an outdated notary mind you) and a last bill with balance due Nov. 2006

I have never disputed the balance. I do owe this. My question(s) having researched a little into the FDCPA, have to do with the practice GC Services used to collect the debt from me, they were contracted by Citibank before the attorney came into the picture. (violations listed above)

Also if I cannot pursue those violations with GC Services...what am I to expect from this point out with repsonding and appearing in court. Thanks.

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first you should check with you states rules of civil procedure...read read read

then you should make sure this complaint is filed with your court..probably small claims, get copy of the file they have..

next it appears your debt is within the statue of limitations since your last payment was recent...

has this account been charged off? have you pulled your credit report from all three reporting agencys? if not you need to do that...

the fact is whether they violated the fdcpa or not, you WILL have to respond to the summons.and there is a time frame to do this in...your rules of civil procedure will aid you but i recommend talking to an atty as you are new and this must be done soon...if you dont respond and show up for this they will get a default judgement and you will loose, and they are able to attach

checking accts, property, garnish wages ect...so these are the first steps..hope this helps...v

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thank you so much for the information...and to "admin" also! I will do more research and reading today and "prayerfully" get some desperately needed answers! You're right time is of the issue now, so I really appreciate your quick response(s). Quick ?...sorry! If Citibank "hires" GC Services to collect from me....who then violated FDCPA rules (possibly), which by the way I do have dates and times of these calls plus contacted Citibank back in July and had them document my "tearful complaint"! And with my account now being handled by an atty..representing Citibank....would I file my complaint against Citibank being the entity suing me, or, GC Services?

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I may be wrong, but I don't think you will have a case against GC Services or Citibank. Especially if what you meant by recorded calls is the recording by GC Services for quality and training purposes. I am sure the announcement said may be monitored or recorded and even if recorded, they may have been deleted at any time. If anything, the court might look favorably upon Citibank for addressing your complaint and removing your the account away from GC Services.

If the summons is legitmate, then your best option might be to try to settle the debt before a judgement is issued against you. If you can't afford a settlement, then try a repayment plan instead. Try to get the most favorable terms in any agreement including removal of all negative information from your credit report, etc.

SBD

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Basically, Citi is suing you, they are not liable for FDCPA. If you have a FDCPA allegations against GC, you would need to file a new case.

Sounds like GC could not collect so they turned it back over to the OC.

Bad news is, citi likes to sue and wins quite a bit because they usually do have all the documentation (signed contract, statements, etc.). You need to file an answer immediately to avoid judgment against you. Citi usually files for summary judgment 24 hours after answer deadline expires if you dont answer.

About these "recorded conversations". Do you have copies of them? If not, do not expect that GC will as conversations are only recorded for QA purposes and for internal customer service auditing, and usually deleted within 24 hours.

Are there specific items in the complaint you need to answer? Was a form to answer included with the summons? Run a search on these forums on "answer" and do a little research, as you have little time to file. From what you put here, sounds like you do not really have a case and judgment will be entered against you unless you deny the charges as yours. If you file an answer stating this debt is yours, you will pretty much immediately lose and from what I've heard, citi begins garnishment procedures immediately.

Bottom line: If there are any incorrect items on their allegations you need to either file an answer denying the allegations or seek legal counsel immediately.

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SBD..thanks for the info...i guess!! :( Citibank did not remove my acct from GC Services..in fact I had to "engage" with them for a bit longer, abuse and all. Secondly, your suggestion to try and settle before a judgement..forgive my naivity...but do I call the atty myself?...what do I say? Do atty's generally consider settling before going to court? THANKS!

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mparksmagic...thanks for your response. Couple more things if you don't mind! There was no form attached to the summons....help! I don't have specific "copies" of conversations, only dates, times and names along with dates, times, and names to citibank WITH them documenting word for word my complaints. Would this be enough? GC Services was really out of line with me. I've heard also that Citibank is aggressive, and you mentioned garnishment could start as early as 24 hours after judgement. Ironically, I will have 3/4 of the balance owed within a couple weeks AFTER appearing in court....will the judge take this into consideration....isn't there room for repayment options other than garnishment?

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Again, again and again..thanks to everyone for the info...I'm still trying to "digest" it all...some of it isn't going down very well!:? If any of you have the time would you please take a look at my new thread in this same forum titled.."Am I at the end of my rope?" I may not have obeyed the "rules of engagement" as far as the forum goes...sorry I am new at posting in discussion boards.

But again, if any one has the time please take a look at the post.....I need to know....if I really "Am at the end of my rope?!" :confused: newsong

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Welllll......other than the suggestions from various postings to keep the wording down as to addressing each allegation....I haven't a clue how to begin the response, address the response and END the response! The legal jargon is really a "catch" for me...I get caught up in it...more like tangled up in it that is!

Can I address the allegations through my own wording or, do I need an actual form.....I really want to "appear" competent :) however, being who I am...:) I'm not going to fool anyone, especially if I end up talking over the phone with a representative from the law firm...ya know?

After I do compile the response (with your help?) and file it.....please tell me that there is still a chance, through conversation with the atty and before trial that things can be resolved, avoiding court?

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