Confused01 Posted December 19, 2007 Report Share Posted December 19, 2007 I have 3 accounts with Citi that I owe around 4 grand each on. First a little historyAbout 3-4 years ago I went through a company that was supposed to get me out of debt within 3 years. Well one year into it things werent working out. They were not calling the CAs to settle and I was doing the work they were supposed to be paid for. I was paying them a monthly fee plus a fee for every account they settled. It got real bad. Next thing I know they were being shut down by the FTC for taking everyones money and not settling. I filed a complaint but never got any of my money back. The couple cards they did settle never were marked paidor anything on my credit report.Ok present dayI am in fear of paying the wrong person and my debt never going away. I just received a letter that a collection agency has brought suit against me because I never responded to the papers I was served in Massachusetts. Thing is I never got served Ive been living in Florida for 9 months. They sent the paperwork to a house I lived at 4 years ago. Only this last letter telling me the they have filed with the court says my current address. I called the Massachusetts attorney general and the Disrtict court in Massachusetts. I told them I was never served or Validated that the debt was owed to this office that sent the paperwork. They said that the ball is in the lawyers court now.How should I handle this? I am in the process of trying to move back to Massachusetts from Florida because I though it would help my financal situation but has only made it worse. I need to get a place to live up there but will this interfer? Right now Im paying for half the bills in my In laws house in FLorida but can not stay any longer. With my current financial status I can't even afford to settle for a few hundred dollars a month.I am too the point where I think Bankruptcy is the only thing I can do. In what state do I get Legal advice FLorida or MAssachusetts? Link to comment Share on other sites More sharing options...
Bodhi Posted December 19, 2007 Report Share Posted December 19, 2007 You need to respond to the summons. If it were me, I would file a motion to dismiss stating wrong venue as you live in Florida and were not served. You will need to provide proof of when you moved and such.Make damn sure you do something though.You can got the naca website as well, they have a long list of attorneys that work on cases like this. Link to comment Share on other sites More sharing options...
Confused01 Posted December 19, 2007 Author Report Share Posted December 19, 2007 You need to respond to the summons. If it were me, I would file a motion to dismiss stating wrong venue as you live in Florida and were not served. You will need to provide proof of when you moved and such.Make damn sure you do something though.You can got the naca website as well, they have a long list of attorneys that work on cases like this.How do I file a motion and prove I live in Florida? Can I get something from the DMV saying so? Im sorry what is the NACA? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 19, 2007 Report Share Posted December 19, 2007 National Association of COnsumer Advocates Link to comment Share on other sites More sharing options...
cjtx Posted December 19, 2007 Report Share Posted December 19, 2007 Do you have any utilities bills in your name? Otherwise, it may be easier if one of your in-laws produces, as your landlord, an affidavit stating the dates you've resided at that address so you can use it in court. Link to comment Share on other sites More sharing options...
Confused01 Posted December 19, 2007 Author Report Share Posted December 19, 2007 No I don't have any utilities at that address with my name on them. They are renting the house from someone else and Ive been helping pay. Ive paid for the cable bill. I also buy groceries for the household. Would my plate turn in receipt from Massachusetts or my License from Florida help at all? What else can prove I live here?Ive contacted a local lawyer to set up a consultation I'm just waiting for a response. Link to comment Share on other sites More sharing options...
Bodhi Posted December 19, 2007 Report Share Posted December 19, 2007 No I don't have any utilities at that address with my name on them. They are renting the house from someone else and Ive been helping pay. Ive paid for the cable bill. I also buy groceries for the household. Would my plate turn in receipt from Massachusetts or my License from Florida help at all? What else can prove I live here?Ive contacted a local lawyer to set up a consultation I'm just waiting for a response.Do you have a Florida Driver's License? You say you have a plate turn it receipt, I assume you mean that you have proof that you got Florida Plates 9 months ago, Right?If so, take all that with you to the attorney's office. If the attorney is going to charge, you can do this yourself though. Just goto the web page of the court they are sueing you in, download a motions form. They usually have several. Fill in the information stating that you moved, and on what date. File as exhibit A: the receipt showing you turning in your plate. File Exhibit B: a copy of your Florida Driver's License showing the date of issue. File Exhibit C: an affadavit from the people you live with stating that you have in fact lived there for nine months.Have they ever contacted you regarding the debt before? If they have not, debt validate them right now, and include that as Exhibit D: stating that you want it dismissed with prejudice as they never sent you any documents regarding it. Link to comment Share on other sites More sharing options...
Confused01 Posted December 20, 2007 Author Report Share Posted December 20, 2007 Is this the form?http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/generalpurposemotion.pdfSo what do I do if they say they will settle? I don't have anything to give? Link to comment Share on other sites More sharing options...
Confused01 Posted December 20, 2007 Author Report Share Posted December 20, 2007 I spoke to a few lawyers and they said there was nothing I could do. That I would be wasting my time sending in any paperwork. I am so messed up on this whole situation. Link to comment Share on other sites More sharing options...
Confused01 Posted December 26, 2007 Author Report Share Posted December 26, 2007 I am very confused on how to fill out this Motion paperwork. Do I also need to fill a copy out for the Collection office? Do I fill it out to the Collection office or Citibank? Link to comment Share on other sites More sharing options...
montanatim Posted December 27, 2007 Report Share Posted December 27, 2007 When filing a motion, original goes to the court, true and correct copy goes to who ever opposing council is, and you keep a copy. Make out a certificate of mailing, some call it an affidavit of mailing, and file it with the court along with the motion. The clerk of court should be willing to show you a sample, and or tell you if it is correct procedure for the court. The certificate is just you swearing to the court that you sent a true and correct copy of whatever it is, to opposing council, by whatever means you sent it with the date sent. Link to comment Share on other sites More sharing options...
redskinfan Posted December 27, 2007 Report Share Posted December 27, 2007 I spoke to a few lawyers and they said there was nothing I could do. That I would be wasting my time sending in any paperwork. I am so messed up on this whole situation.My vent for the day I just hate when attorneys do that I always feel they give that answer when it is not worth THEIR time - they don't see huge $$$$$$$$'s and we, the consumer, are just SOL. Link to comment Share on other sites More sharing options...
Confused01 Posted December 27, 2007 Author Report Share Posted December 27, 2007 The problem is the court is in Massachusetts and I live in Florida. So I don't know how I could get help up there. Link to comment Share on other sites More sharing options...
brokeinok Posted December 27, 2007 Report Share Posted December 27, 2007 Can you be more specific? What about the form is confusing you? Also, can you post specifically what your summons from court says? Link to comment Share on other sites More sharing options...
brokeinok Posted December 27, 2007 Report Share Posted December 27, 2007 Okay... looking closer at the form. You need to check the box marked "other" then type on the second page a concise (facts only) paragraph stating when you moved to Florida and that you were never properly served any papers regarding this matter. Include your proof as you were advised in the above posts. It would also be helpful if you wrote under your paragraph a list of the items you are attaching as proof. You will not need the affidavit of mailing as that is included in the sample form you posted.Secondly, you need to prepare a DV letter, something simple. I have no knowledge of this alleged debt and request validation as required under the FDCPA. Link to comment Share on other sites More sharing options...
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