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Need Help! How do I answer this complaint! Citibank complaint


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What is the proper way to answer a summons. I have been sued by Citibank for a credit card I had. Today they left my 2nd summons taped to the door.

I'm not sure about the SOL because I don't remember exactly when I stop using or paying on the card but I do believe it was near the end of 2001 maybe..

I did a dispute on this and it came back verified.

Also the summons and complaint is dated 6-21-07 and expires on 9-20-07 and this is my 2nd summons My 1st summons that I didn't even get, is attatched to the second summons and is dated as issued on 4-3-07 and expires 7-3-07

So I just want to know how should I answer the summons? Should I ask for discovery?

Here is the complaint..I have xxxx out personal details.....

Complaint

NOW COMES Plaintiff, (xxxxxxx), assignee of Ctibank USA, NA, by and through its attorneys, (XXXXX LAW OFFICE) and for its Complaint against the Defendant, states as follows:

1. That the defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same.

2. Performance has been completed and defendant agreed to pay the account.

3. There is presently due and owing, over and above all legal counter claims, the principal sum of $1,041, plus accrued interest in the amount of $1,300.

4. Plaintiff requests judgment for $2,341, plus interest, costs and attorney fees.

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Did you call the court and confirm that a real complaint has been filed?

This doesnt sound like Citibank is suing you:

assignee of Ctibank USA

Who you are dealing with will determine how you respond.

If you have until 9/20 to answer, I suggest you run to the court and "Answer In Person".

Here is an example of how to answer:

http://debt-consolidation-credit-repair-service.com/forums/showpost.php?p=715029&postcount=17

Some of the other answers in the thread are overkill. I will see what else I can find..

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Is this civil court?

Look at these resources:

http://courts.michigan.gov/scao/courtforms/generalcivil/dc03.pdf

General Information About Responding to a Civil Complaint

http://courts.michigan.gov/scao/selfhelp/general/answers.htm

Responding to Summons and Complaints in Consumer Cases

http://michiganlegalaid.org/library_client/resource.2006-03-07.0642840284/html_view

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Original post by: charlanyc

Did you call the court and confirm that a real complaint has been filed?

Have you? You can also go to your Courts Online to see what, if anything has happened.

Original post by: brokeinok

You need to look up the requirements of your state for serving a summons. From what I've read, there aren't many places they can get away with taping it to a door.

I didn't think there were any places in the US that this could happen. Could it be possible the ca is sending you a mock summons by certified mail? Taping one to your door would almost certainly have to be a no-no. Something seems terribly wrong with this way of serving. Check your Rule of Civil Procedure and the Courts Online site for your state.

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Okay its legal to tap the summons to a door in Michigan. The first summons was handed to me by certified mail.

Also I never checked with the courthouse yet regarding this summons

Thats weird it looks like its 2 plaintiffs. both boxes are filled.

The plaintiff on the summons looks like:

Plaintiff names(s), address(es) and telephone no(s)

First Resolution Investment Corp..

Assignee of Citibank USA, NA,

CO Plaintiffs Attorney

Plaintiff attorney, bar no., address, and telephone no.

(Attorney name is here)

(Attorney Address is here)

(Attorney City and state is here)

All the attorney info is filled but I left it out for privacy reasons or snooping on them on here..

Please help:(

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I'd do this:

Original post by: charlanyc

Look at these resources:

http://courts.michigan.gov/scao/cour...civil/dc03.pdf

General Information About Responding to a Civil Complaint

http://courts.michigan.gov/scao/self...al/answers.htm

Responding to Summons and Complaints in Consumer Cases

http://michiganlegalaid.org/library_...0284/html_view

and go here for an example on how to answer the complaint:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

Keep in mind that this example is overkill. It is designed to bring forward many common possibilities of defense. Pick what fits. Leave the rest out. Make sure you can argue the merits of each one while you stand in front of the judge.

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