Citi is sueing

[Razzcul]

1. Who is suing you? CITIBANK South Dakota (Allen Adkins & Associates

2. For how much? 11,000 and change

3. Who is the original creditor? Citi

4. How do you know you are being sued? Served me (the suit is against my spouse)

5. How were you served? Were you served? Knocked on the door asked for my wife I said she was not here, he said "here you go"

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

7. Where do you live? Texas

8. When is the last time you paid on this account? about 17 months ago

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). UNKNOWN

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 YES

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A STATEMENT WITH THE ACCOUNT NUMBER BLACKED OUT.

14. What is the SOL on the debt? To find out: 4 YEARS IN TEXAS IIRC

I am in Texas and Citi has filed suit. I have answered the suit to avoid the default judgement, however the discoveries etc. that they have asked for are rather long and cumbersome.

My question is this:

I am currently trying to get my mortgage restructured (I am 3 payments behind at this time). Do I answer the requests straight up with acknowledging the debt is mine and beg for mercy on the judgement or do I delay/deny and force this to drag out?

Edited August 23, 2010 by Razzcul

[admin]

Answer the requests straight up.

[donqII]

I guess it depends on if you want to pay this at whatever amount

the judgment comes down on, which most likely will include

atty. costs added on.

They are not 100% sure they will win in court if you move

forward.

I just would not admit to anything in the interrogatories,

and I certainly would not make it easy on them.

And, in reality, once you answer theirs, you should do you own

discovery.

They sent you a statement with the account number blackened out?

This is not any proof that this is even your/or wifes account.

They could have used anyones statement and placed your info

such as name and address on it.

If you do requests of them you can ask for all statements from day one,

or at lkeast a fukll accounting of how they got the amount they

say you owe,

You also should not sign your name to any correspondence with any

CA or JDB as that , with todays technology, that can be copied.

Instead... type, where your signature would go, signature deliberately withheld

But back to your case.

They did not even, as OC, attach a copy of your original contract?

I know that most don't. My suspicions are that they do not want to remind

you or anyone that there is that pesky arbitration mention in there as they

all are jumping ship from that.

Bu you need to do what you need to do.

If you check on the posts here you will find wonderful ways to answer you interogatories, Evasively truthful... with the same basic answer for a lot of your questions, and You really should do your own aimed at them.

[chuckygee]

Check Texas rules.

http://www.supreme.courts.state.tx.us/rules/TRCP/RCP_all.pdf

Section 9 may limit the to 25 items. Check your case laws to be sure.