Rainman Posted January 29, 2007 Report Share Posted January 29, 2007 Hi , I found out this forum a few days ago and now I have own problem. Hopefully you guys can help out.I'm being sued by Citibank for $815 from a gateway credit card I stopped paying on around 2001 after I lost my job and started school. I never heard from them since 2005 then I get a summons by certified mail from them yesterday. I'm pretty sure the SOL has passed (6 years) even though I not sure how I can prove it and the summons reads kinda vague. There was no evidence sent with summons. I don't have any documents from this account and I don't see it on my credit report. 1. Who is suing you?Lancer Investments LLC, Assignee of Citibank2. For how much?$815.613. Who is the original creditor?Citibank (i think its their name on summons)4. How do you know you are being sued?Got summons 5. How were you served? Were you served?by certified mail 6. What was your correspondence (if any) with the people suing you before you think you were being sued?None7. Where do you live?New Jersey8. When is the last time you paid on this account?around 20019. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).No trial date yet10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.No12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes it needs a response.It says:First count: There is due and owing from the defendant the sum of $815.61 plus interest of $65.25, on a certain book account. Payment has been demended and has not been made.Second count: The plaintiff sue the defendant for goods sold and delivered and/or services rendered by the plaintiff to the denfendant, upon the promise by the defendant to pay the agreed amount. Payment has been deanded and has not been made.Third count: The plaintiff sue the defendant for the reasonable vaule of the goods sold and delivered and/or services rendered by the plainitiff to the defendant, upon the promise of the defendant to pay a reasonable price for the same. Payment has been demanded and has not been made.Fourth count: The defendant, being indebted to plaintiff in the sum of $815.61 interest of $65.25 upon an stated between them, did promise to pay to the plaintiff said sum upon deman. Playment has been demanded and has not yet been made.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?No evidence sent.14. What is the SOL on the debt?6 years.So do they have a case and just holding out evidence till trial day? And when I answer how should I word it? I just got laid off again and have no assets other than about $150 in my savings account. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 29, 2007 Report Share Posted January 29, 2007 You answer it in writing, copy to the attorney, original to the Court. Deny the allegations, allege lack of stadning, that the statute of limitations has expired, and whatever other defenses you think are approriate. You will have to ask them for discovery. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 29, 2007 Report Share Posted January 29, 2007 Chances are, this is still within SOL unless you stopped paying January 2001. Link to comment Share on other sites More sharing options...
June Posted January 30, 2007 Report Share Posted January 30, 2007 I fail to understand why Citibank, Lancer Investments LLC or any other JDBis not on your Credit Reports (CRs). That's extremely rare. You say, "I don't see it on my credit report." Do you have copies of all your CRs from the three main Consumer Reporting Agencies (CRAs); Equifax, Experian and TransUnion? Link to comment Share on other sites More sharing options...
Rainman Posted January 30, 2007 Author Report Share Posted January 30, 2007 Recovering Attorney -Ok. Do i request for discovery in the answer or is that seperate? I couldn't find a form or template for discovery. You say, "I don't see it on my credit report." Do you have copies of all your CRs from the three main Consumer Reporting Agencies (CRAs); Equifax, Experian and TransUnion? Link to comment Share on other sites More sharing options...
June Posted January 30, 2007 Report Share Posted January 30, 2007 I checked with Equifax I never even heard of the other two. I'll check it on there too.RAINMAN, this is strange. Citibank subscribes to ALL 3 CRAs, and the SOL for Reporting delinquent Accounts to all CRAs is 7 or 7 1/2 years depending upon the CRA.If this alleged delinquent Account is not showing on any of your Credit Reports (when you check Experian (EX) and TransUnion (TU)), there is a strong possibility that the SOL for Reporting (SOLR) had also expired.If the SOLR had already expired, then your Date of First Delinquency (DOFD) or Date of Last Payment (DOLP) must have been sometime in 1999 or Jan. 2000. NOT "around 2001" as you say. This would explain why you do not see the Account on current Credit Reports for 2007. By the way (BTW) do you have any of your old Credit Reports from say, 2002, 2003 or 2005? If so, look there.Another thing you say "I never heard from them since 2005". Looks like Mr. Attorney slept on Citibank legal rights and failed to bring legal action in 2005 (within 6 yrs after DOFD). Sounds like your perfect Affirmative Answer is the SOL has expired. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 30, 2007 Report Share Posted January 30, 2007 Citibank removes TLs after selling the paper. Link to comment Share on other sites More sharing options...
momof5 Posted January 31, 2007 Report Share Posted January 31, 2007 Yes, but the lawsuit says "assignee of Citibank" which means that Citibank still owns it.My bro just got 2 letters from W&A today regarding a collection were CA is an assignee of Citibank..... Link to comment Share on other sites More sharing options...
Rainman Posted February 21, 2007 Author Report Share Posted February 21, 2007 deleted by poster. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 21, 2007 Report Share Posted February 21, 2007 Yes, but the lawsuit says "assignee of Citibank" which means that Citibank still owns it.In lawsuit speak, assignee generally they bought the rights to it from Citibank. Link to comment Share on other sites More sharing options...
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