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Received summons today, question.


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1. Who is suing you?

Bruce Block

of

Javitch, Block & Rathbone, LLP

Cleveland, Oh

2. For how much? 2700

3. Who is the original creditor? CITIBANK (SOUTH DAKOTA) NA

4. How do you know you are being sued? ALIAS SUMMONS

5. How were you served? Were you served? YES

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none

7. Where do you live? cleveland, oh

8. When is the last time you paid on this account? never

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). unclaimed

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. no

12. 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 comply within 28days

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? exhibit a, is a statement from the oc

This is my debt, I've ignored it for long enough, they have a copy of a statement from my OC, its valid imo. My name, my account number, amount owed, it's from dec 08.

My question is, obviously I respond to the summons, but how exactly ? and to say what. Everything I find online I've been searching for 12+ hours, is contradicting.

What I want todo is settle this and I'm thinking of just contacting their law office and give them a settlement amount, haggle and have them send it to me in writing and pay it off in 1 lump sum payment.

Any advice and posts welcome!

Thanks.

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What I want todo is settle this and I'm thinking of just contacting their law office and give them a settlement amount, haggle and have them send it to me in writing and pay it off in 1 lump sum payment.

If this is what you want to do, and you have the means, there's nothing stopping you, and I'm sure the law firm would be happy to resolve this in this manner. Many law firms file suit as a tactic with the specific hope of inspiring the debtor to do just that. This is actually preferable to filing an answer first and paying the necessary filing fees. As you obviously already know, just get it in writing that they will dismiss the suit after you've made the agreed payment.

By the way, are you really being sued by J B & R? Or are they just the law firm hired by the OC?

Good luck,

DH

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Thanks

Yeah, they are just representing Citi.

I have a few other accounts in collections, its interesting to say the least trying to get settlement offers in writing from CA. I actually kind of enjoy the bickering, bantering, posturing and such.

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What I also found kind of interesting, in the body of the summons letter.

WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $2,682.42, with statutory interest from the date of judgement, costs of this action, and such other and further relief as the court deems just and proper under the circumstances.

----

Brian Block

Javich Block and Rathbone

-----

There's more to it, but I found that last part most interesting.

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Well, I've spoken with them a few times. They are offering to settle for $1400. Due immediately, otherwise they continue with the suit(obvious) but the man was very rude obviously. He will also not send me a settlement letter in the mail, because the settlement offer is only valid until tomorrow and he can't get it to me by tomorrow. (of course)

They will not budge on the amount.

Will only take payments for the full amount.

How do I proceed with this?

since the settlement is not going how I would like, how should I answer this summons?

I'll probably call back tomorrow and try and speak with someone else, the original women I spoke with.

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Then I'd file an answer. Even against an OC you can win.

But I have to ask: is Bruce Block of Javitch, Block & Rathbone listed as the Plaintiff or Citi?

If it looks like their case is solid - you can always settle at a later date.

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Then I'd file an answer. Even against an OC you can win.

But I have to ask: is Bruce Block of Javitch, Block & Rathbone listed as the Plaintiff or Citi?

If it looks like their case is solid - you can always settle at a later date.

What do I file/say? What is my answer, anything specific? I'm completely new at this.

Citi is the Plaintiff.

Yeah they do have the records of the cc statements.

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cc statements are not necessarily proof of debt. Without the signed cc contract then they cant prove ant of the terms and conditions on it. That includes the interest rates that they are charging you for defaulting on the debt... Without that I dont think that they can prove where the charges came from to get to the total that they are sueing you for...

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Also, they need to have a complete account history to prove the amount of the debt. Also, the documents need to be authenticated (there needs to be an affidavit from Citi saying these are true copies of the original).

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They have one cc statement, just a brief overview statement from dec 08. Just a copy showing the balance, my name, 4 digits of the account and citi in the top corner.

I thought it might not be enough just one copy of a statement, but I've read around here somewhere that it is usually sufficent and judges think that it is as well. But I'm of the same mindset as you two are.

So then, I should file a Request for Production of Documents/discovery?

Send that to javitch block, cmrr. wait for them to get it, get the signature and proof they received it, send that and a copy of my production of documents to the court?

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Okay so i think im getting this more, so my first step is answer the complaint/summons and use affirmative defense at the end when answering.

it's just the basic, complaint/summons

------------

1. There is due the Plaintiff from the def. upon a cc account, acc. # XXXX, the sum of 2,xxx.xx

2. Attached hereto as exibits are an account statement plus terms and conditions attesting to the amount owed the plaintiff. The remaining account record are not attached hereto because upon information and belief: a) copies were sent monthly to the defendant and are or were in the defedants possession, custody, or control, B) said records were archived by plaintiff and/or c) said account records may be voluminous.

3. Defendant is in default on this repayment obligation

4. Although due demand has been made, the defendant has/have failed to liquidate the balance due and owing.

-----------

I'm going to just put deny for 1-4. Then send a production of documents with it as well.

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Okay so i think im getting this more, so my first step is answer the complaint/summons and use affirmative defense at the end when answering.

it's just the basic, complaint/summons

------------

1. There is due the Plaintiff from the def. upon a cc account, acc. # XXXX, the sum of 2,xxx.xx

2. Attached hereto as exibits are an account statement plus terms and conditions attesting to the amount owed the plaintiff. The remaining account record are not attached hereto because upon information and belief: a) copies were sent monthly to the defendant and are or were in the defedants possession, custody, or control, B) said records were archived by plaintiff and/or c) said account records may be voluminous.

3. Defendant is in default on this repayment obligation

4. Although due demand has been made, the defendant has/have failed to liquidate the balance due and owing.

-----------

I'm going to just put deny for 1-4. Then send a production of documents with it as well.

I think you also need to file a motion to strike thier attachments as not validated/hearsay - I need to do something similar, so I'm hoping one of the more legally experienced folks will chime in with how that is generally done.

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I think you also need to file a motion to strike thier attachments as not validated/hearsay - I need to do something similar, so I'm hoping one of the more legally experienced folks will chime in with how that is generally done.

Yes, good point. I was thinking that as well.

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Well I've prepared my complaint answer and affirmative defenses. I'll post it later.

Going to prepare my discovery/production of documents here too.

Have the ohio civil law pdf saved, been reviewing that non stop.

Will be sending it all out tomorrow, certified mail. My answers, affirmative defense, production of document request and hoping for clarification if I need to also send out a motion disbuting their attachment as not validated/hearsay.

Thanks!

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Well I've prepared my complaint answer and affirmative defenses. I'll post it later.

Going to prepare my discovery/production of documents here too.

Have the ohio civil law pdf saved, been reviewing that non stop.

Will be sending it all out tomorrow, certified mail. My answers, affirmative defense, production of document request and hoping for clarification if I need to also send out a motion disbuting their attachment as not validated/hearsay.

Thanks!

if you have counterclaims this would also be the time to file those. or you may get denied later

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Here is the heart of my complaint answer and affirmative defenses.

-------

Defendant’s Answer to Complaint

Defendant, appearing pro se, for it’s reply to the Complaint naming CITIBANK (SOUTH DAKOTA) NA Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein.

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 8(B)

2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 8(B)

3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 8(B)

4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 8(B)

AFFIRMATIVE DEFENSES

As and for a First Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As and for a Second Defense

Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

As and for a Third Defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing.

As and for a Fourth Defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Fifth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Sixth Defense

Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

As and for a Seventh Defense

Defendant claims inadequate evidence was presented. The document is not authenticated with an affidavit from Plaintiff saying these are true copies of the original. The purported statement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

As and for a Eighth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, the defendant asks the Court for judgment dismissing the complaint herein with prejudice.

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