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breach of contract, imput needed

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Hi all, thanks in advance!

1. Who is suing you?

Citibank SD via attorney

2. For how much?


3. Who is the original creditor?


4. How do you know you are being sued?

summons served

5. How were you served? Were you served?

process server at home

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

1) default notice from attorney 2) DV letter 3) DV response that only contained billing statements 4) phone call confirming alleged debt purchased or assigned by OC - assigned 5) during phone call I offered 25% settlement, attorney countered with 50%

7. Where do you live?


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

Oct '09

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).

court appearance scheduled in late Sept '10

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)


11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.


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?

No questionnaire included in summons. My understanding of court rules is that Summons does not require response in Missouri.

nature of suit: AC Breach of Contract;

Count 1

a) PL issued DEF credit in form of credit card, copy of statement of account is attached and marked

B) at time of issue of CC, PL caused CC to be accompanied by set of rules

c) DEF by use of CC agreed with PL to the set of rules and pay all sums of money from credit advanced

e) DEF accepted credit through use of CC in the amounts set forth in the attached statement

f) PL paid valuable consideration to issuers of credit to DEF

g) PL made demand for payment, balance remains

h) PL is entitled to interest at contract rate from and after date of judgement

i) terms of CC agrement that DEF is responsible for attorney fees

Count 2

a) PL incorporates each and every allegation of Count 1 as if fully set out herein

B) PL furnished DEF with statement of account setting forth the balance claimed due and demanded payment.

c) DEF has not objected to the accurarcy of the statement of account, but has failed to pay balance

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

3 attatchments, 1) Affidavit from Citi agent 2) Copy of November '10 statement 3) a paragraph describing annual percentage rate

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

10 years written, 5 years oral

My plan of attack is to:

1) file a Sworn Denial to invalidate affidavit of account and make them produce a live witness.

2) file a motion for More Definite Statement beings no signed or unsigned copy of contract was attached to petition.

From what I have gathered from studying this site is that beating an OC is pretty much dependent upon the judge hearing the case. Therefore my expectations are to beat the OC down to a 20% settlement.

I would apprechiate any views from the experienced out there. I am also considering filing that they prove a loss sue to the fact that they never put any of their assets at risk. I am also interested in the expetation they have that to collect, even after their losses have been securitized.

Edited by daybyday
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Is this the Berman & Rabin Law Firm?? They bought evidence of debt and are suing in the Original Creditors name. Deny and demand authenticated evidence that Citibank (South Dakota) N.A. authorized the suit. That Citi affidavit is inadmissible due to no foundation (records validating the affidavit and zero to total balance due authenticated proof). Also counter sue for the amount they are suing you for due to bringing forth a bogus suit that they were not authorized by Citibank (South Dakota) N.A. to file.

Edited by Massive
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Request For Production of Documents:

(1) Please supply copies of all the records related to the account, including all documents related to the ownership of the debt, including all sales of the debt.

Send the Requests for Admissions I sent to you.

I'm going to have my people counter sue on all lawsuits from here on out. That way when the Plaintiff wants a get out of jail free card there will be no more dismissal's without prejudice. They will all be mutual dismissal's WITH PREJUDICE. Thus the debt will never come back to haunt you again.

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