I need to file an answer today....Help

[absolutezero]

I just found out about this this week...

1. Who is suing you? Citibank (Hunt & Henriques)

2. For how much? 7100

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Papers left on my back porch. Then I verified online.

5. How were you served? Were you served? They tried to give them to my roommate, but he said he would not take responsibility because he was moving out. Then they just thew them on the porch and called him an obscene name.

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? Los Angeles

8. When is the last time you paid on this account? September 2009

9. 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). Pending

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 in writing? (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, and that I owe 7100. Verifies plaintiff, myself, address, identifying information.

A cause of action which basically says CC-1. I had an open account within the last 4 years. Unjust Enrichment. CC-2. $7100.00

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits?

Statement of location and Case assignment sheet.

14. What is the SOL on the debt? To find out:

Its within the SOL

[debtorshusband]

California provides convenient forms to use to Answer a lawsuit. Find them here:

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi#forms

Use either:

PLD-050 General Denial or

PLD-C-010 Answer - Contract

It appears they are going to claim that they served you via "substitute service": leaving the papers with a responsible adult at your residence, then mailing a second copy to defendant at that address.

If you never got that mailing, you might want to complain about the service. But right now it's more important to concentrate on filing your Answer. Note that it's going to cost you about $300 to file your Answer. However, if you can qualify, you can request a waiver of fees. The courthouse clerk should be able to help you with that.

Good luck,

DH