Jump to content

A repeat performance!


Recommended Posts

I posted these "?'s" in a different "thread"....however, my questions haven't been replied on...but i understand..."the experts and the experienced" only have so much time and I know there are many of "us" hoping for guidance and information...but if I may...here are my questions again:

1. The avidavit attached to my summons (yuck, I hate that word!) has an outdated notary...her commision expired Oct.11, 2006, the avidavit is signed Nov. 9. Doesn't the person need to be sworn in front of the notary and then she stamps the doc. If he signed it Nov. 9 and her commission expired Oct.11, does that make this document void? I know I'm fishing, but even if it gives me more time!;)

2. I didn't acknowledge the atty's letter to validate debt. I am SOOO naive! I didn't think there was any question as to "whose debt it was or that there could be a dispute...so I let the letter expire and waited for their next contact! I had been previously verbally abused my GC Services and so was afraid to even engage in talks of payment with the atty's office . GC Services demanded $1,000.+ everytime I talked to them...so I was afraid the atty's "helpers" would do the same...it was a pavlov experiment thing.:? Can I still, after the summons, ask in my reply for DV?

3. Lastly....I would really, really, really like to settle out of court...what has been the experience and approach of others, therefore being a consideration for myself when/if I call them? Should I sound humble and contrite xdancex or confident and "armed"?:evil: If I remember..Citibank is aggressive and pretty confident themselves...one might even call them cocky! 8-)

Thanks like always...and good luck to us all! Newsong

Link to comment
Share on other sites

Newsong, just for clairification, when you want to try to get an answer to a question you have that has not been answered yet, you can just "bump" your previous thread to the top of the forum by replying to it with "bump", you do not have to start a new topic. It makes it easier on everyone as you dont have to retype your question and others do not have to go to your other thread and see what has and hasn't been answered.

That being said, Is the affidavit signed by someone at Citi? If not then the affidavit essentially has no use if you deny any claims and use affirmitive defenses in your answer, as they will have to provide a live witness. The notary expiration really does not matter, you can bring this up if you go to court but It is unlikely this will buy you any time anyways. Have you filed an answer yet? I may have asked this before, but I do not remember. If not, please read the "affirmative defenses sticky" for things you can use.

DV'ing is really a little too late, I had success with dv'ing the attorney over and over every day after they filed the court case, but that just may be in my case. Just file an appropriate answer denying their claims.

Attorneys are nice people, well most of them anyways. if you don't have the money to hire counsel, call around in your city you may be able to get a free initial counseltation, and they may be able to tell you what to do to file the answer, be very prompt with this though as most answers have a deadline and if not filed in time, will 99% of the time result in summary judgment against you almost immediately after the deadline expires.

IMO, this is a bit risky, but If you have the money and want to settle, make up a number in your head that you are comfortable with paying, call the attorney, ask for their collections department and tell them you all you can come up with is 50% below that number you originally thought of and would much rather settle out of court. If the rep takes it, congrats, if not they may give you a counter offer, if its in the range between your first offer and the original number you felt like paying, great, if not.. rethink your plan. Now they may not give you a counter offer at all. If this happens, get ready for a fight in court as they now think they can hammer you in the courtroom and get a default judgment for their full balance, attorneys fees and court costs. As I said this is a risky move.

Im going to go back to your other threads and read more posts to see if I can offer any more.

Okay, read more.. You have not filed an answer yet, you really need to read the rules on "arizona civil procedure" to make sure you file it correctly, cause you might be hammered if not. Link is at the bottom of this post, however it may be too complicated as you stated in a last post you get very confused with legal jargon. Overall I suggest you seek counsel, if you can't afford it, call the civil court clerk, and ask how to file an answer. They should be able to help on how to file, just be sure to use some of the affirmative defenses listed in the sticky mentioned above, as I am sure a few will apply. Statute of Frauds and many others i am sure. Only prob is Citi usually keeps pretty good tabs on info. I wish you luck, you gonna need it.

AZ Civil Procedure: You must enter your info and register to see.

http://azrules.westgroup.com/

Link to comment
Share on other sites

Well, what can I say? Thanks AGAIN, for taking the time to answer. You're very kind to reply to every question! OK, enough of that :)

Affidavit was signed by a Citibank employee....darn!

I don't think then at this time I will throw DV into the mud.....darn!

IMO, whatever that is :) I'm guessing it has to do with presenting an offer to the atty, which you said could be risking......darn!........HOWEVER......I just may try this one.....YES! :) Just wondering tho.....why would the atty WANT to go to court, if I am more than willing to pay the debt? Is it the extra $$$ he/she could get out of it on top of the debt? ? How then would the court look on the atty refusing my offer to settle before court, (however big or small the offer was) and also taking the courts time?

Also, late last night I did find the web link to the court, THAT I DON"T WANT TO GO TO.....UGH!....what is a "tickler date" (Aug. 25 for this) and also, what is a "tickler" which had "review case status by it"?

OK....I'm taking too much of your time...sorry!

Thanks tho....

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.