Credit and Debt Posted September 16, 2010 Report Share Posted September 16, 2010 Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card DebtWhat happens to people who have had a lifetime of good credit and then all at once every credit card company they have been with wants to increase their interest rates to 24.99% - 29.99%? We had a Citibank credit card account that we opt out in 2009after the interest rate jumped from (a promotional rate of) 3.9%to 24.9% (we were unable to get Citibank to lower the rate).We stopped paying on it earlier this year.Margolis, Pritzker, Etal (in Md) are representing Citibank Papers were served, 15 days to reply. (Oct Court Date)We are unable to pay for an attorney to represent us.What do we need to know in order to represent ourselves?What can they do to us since we have no extra income, afterthe house payment, gas & electric, car, health, life insurancewe have no savings and are lucky to be able to buy groceries. We have been unable to sell our house due to Lower Market Value & No Equity.Can they put a judgment on our home/house, if we owe more than what the mortgage is for? We only receive social security! Link to comment Share on other sites More sharing options...
BV80 Posted September 16, 2010 Report Share Posted September 16, 2010 (edited) I'm not as knowledgeable about original creditors as some on these boards, but I can offer some information:We are unable to pay for an attorney to represent us.What do we need to know in order to represent ourselves?You must answer the complaint, or they will get a default judgment against you. There's info on this forum that will help you form your answers.What can they do to us since we have no extra income, afterthe house payment, gas & electric, car, health, life insurancewe have no savings and are lucky to be able to buy groceries. You must read your state laws on wage garnishment in the event of a judgment for the creditor. Some states allow it, while others don't.We have been unable to sell our house due to Lower Market Value & No Equity.Can they put a judgment on our home/house, if we owe more than what the mortgage is for? If they get a judgment against you, whether a default judgment because you don't answer the complaint, or a summary judgment because you have no defense, a judgment is considered a lien.Every state has exemptions that protect your home and belongings. For instance, in my state the home exemption is $53,000 of equity. That means if my house is worth $100,000.00, and I have $60,000.00 left on my mortgage, I have $40,000.00 of equity. Since the exemption (for one person) is $53,000.00, my home is protected. A creditor can't touch it. The exemption doubles if both spouses are listed on the home.Since you have no equity, and every state has equity exemptions, a creditor won't be able to force you to sell your home. Go ahead and check your state's exemptions just to be familiar with them. The exemptions also apply to your vehicles, belongings, etc.You should also check to see if judgments are renewable in your state. In my state, judgments last for 10 years, and that's it. They cannot be renewed. Some states allow judgments to be renewed again to keep them going. The problem with that is...if you ever have a considerable amount of equity in your home, you may not be protected. But...that's probably not in the near future for you considering the details you provided. Edited September 16, 2010 by BV80 Link to comment Share on other sites More sharing options...
Credit and Debt Posted September 17, 2010 Author Report Share Posted September 17, 2010 Writ of Summons - Notice of Intention to Defend Plan to contest the claim (had 15 days to reply)Signed and Dated and Returned to District CourtClerk gave us a copy stamped received, and said"Don`t show up for the trail date on the summonsWait for a reply by mail with new Merit Trial Date". Link to comment Share on other sites More sharing options...
admin Posted September 18, 2010 Report Share Posted September 18, 2010 So you are saying you filed your answer? If so, then yes, for for new trial date by mail. Link to comment Share on other sites More sharing options...
FL4answer58 Posted September 18, 2010 Report Share Posted September 18, 2010 (edited) Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card DebtWe only receive social security!SS may be completely exempt - judgment proof.You sound like you may well be judgment proof if home exemptions are included. I'd check with a local legal aid, they offer help based on yourincome - sound like you would qualify.See: Exempt Income Protection Act (EIPA)A fairly new law called the Exempt Income Protection Act (EIPA) went into effect on January 1, 2009! EIPA protects bank accounts that contains subsistence funds such as government benefits, pensions, and some earned income. EIPA prevents creditors and debt collectors from freezing these accounts to pay private debts, like credit cards. Under EIPA, your bank account cannot be frozen if the balance is less than: $2,500 - if your account contains directly deposited exempt benefits, including Social Security, SSI, Veterans benefits, disability, pensions, child support, spousal maintenance, workers compensation, unemployment insurance, Public Assistance, Railroad Retirement benefits, and Black Lung benefits; or:$1,740 - all other accounts.If your bank account was frozen after January 1, 2009 or if you think your bank is not complying with EIPA, call legal aid for assistance.If your bank was frozen before January 1, 2009, EIPA will not automatically unfreeze your account. If you want to unfreeze your account, you must take specific action. Please refer to Frozen Bank Accounts to learn how to unfreeze your account. For more information, EIPA website. Edited September 18, 2010 by FL4answer58 Link to comment Share on other sites More sharing options...
Massive Posted September 19, 2010 Report Share Posted September 19, 2010 Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card DebtWhat happens to people who have had a lifetime of good credit and then all at once every credit card company they have been with wants to increase their interest rates to 24.99% - 29.99%? We had a Citibank credit card account that we opt out in 2009after the interest rate jumped from (a promotional rate of) 3.9%to 24.9% (we were unable to get Citibank to lower the rate).We stopped paying on it earlier this year.Margolis, Pritzker, Etal (in Md) are representing Citibank Papers were served, 15 days to reply. (Oct Court Date)We are unable to pay for an attorney to represent us.What do we need to know in order to represent ourselves?What can they do to us since we have no extra income, afterthe house payment, gas & electric, car, health, life insurancewe have no savings and are lucky to be able to buy groceries. We have been unable to sell our house due to Lower Market Value & No Equity.Can they put a judgment on our home/house, if we owe more than what the mortgage is for? We only receive social security!You don't owe Citibank (South Dakota) N.A. any money. Link to comment Share on other sites More sharing options...
Credit and Debt Posted February 13, 2011 Author Report Share Posted February 13, 2011 Feb 2011 Introduction of Business RecordsWe recently received copies of our last 10 years worth of credit card statements - There must be over 250 sheets of paper statements. The first nine years show us paying on time with perfect credit.We had to stop paying our bills, after credit card interest rates were increased from 3.9 to 24.9% and only a few dollars going to principal. We filed an intent to defend so that we can explain our situation.The trial date is coming up February 2011What do we need to take with us to court.We can not afford an attorney Most want $500 to $1000 tohelp get a payment settlement. Link to comment Share on other sites More sharing options...
ADSOFT Posted February 13, 2011 Report Share Posted February 13, 2011 Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card DebtWhat happens to people who have had a lifetime of good credit and then all at once every credit card company they have been with wants to increase their interest rates to 24.99% - 29.99%? We had a Citibank credit card account that we opt out in 2009after the interest rate jumped from (a promotional rate of) 3.9%to 24.9% (we were unable to get Citibank to lower the rate).We stopped paying on it earlier this year.Margolis, Pritzker, Etal (in Md) are representing Citibank Papers were served, 15 days to reply. (Oct Court Date)We are unable to pay for an attorney to represent us.What do we need to know in order to represent ourselves?What can they do to us since we have no extra income, afterthe house payment, gas & electric, car, health, life insurancewe have no savings and are lucky to be able to buy groceries. We have been unable to sell our house due to Lower Market Value & No Equity.Can they put a judgment on our home/house, if we owe more than what the mortgage is for? We only receive social security!If you have no equity, you might want to consider bankruptcy, it will wipe out the credit card. Link to comment Share on other sites More sharing options...
osmonxp Posted February 13, 2011 Report Share Posted February 13, 2011 The trial date is coming up February 2011Can you keep us updated please? I am dealing with the same law firm as they reprecent CITI as well. Link to comment Share on other sites More sharing options...
LearningasIgo Posted February 13, 2011 Report Share Posted February 13, 2011 See: Exempt Income Protection Act (EIPA)A fairly new law called the Exempt Income Protection Act (EIPA) went into effect on January 1, 2009! For more information, EIPA website.Is that for New York, only, though? Link to comment Share on other sites More sharing options...
workingpoor Posted February 13, 2011 Report Share Posted February 13, 2011 Is that for New York, only, though?Yes unfortunately. Link to comment Share on other sites More sharing options...
Credit and Debt Posted February 15, 2011 Author Report Share Posted February 15, 2011 Feb 2011Arrived at Court House Checked the boards to see which courtroom we were assigned to Went into the court room, sat down and waited about 30 minutes.Someone took roll call and around 9:15 A.M. the Judge entered.There were about 25-30 people including the "plaintiff" the person making the claim, the "defendant" the person defending against it,a female judge, women sitting at a computer and a man in a jacket.When it was our turn, the judge asked if we had talked with therepresentative from Citibank and when we told her no, she had us leave the courtroom and go out and talk with the attorney.He offered us a settlement of about 50% off with 12 payments.Since we were unable to accept the offer, he said he would take off the attorneys fee $$$ if we accepted the judgement orThe alternative was to go to trail & still get a judgement + fees.Since we owed the money and it appeared there was no way out.We did not contest. We were in and out in least than 2 hours.After working a lifetime to build our credit and have a nice home we now have Our First Judgement hanging over our heads.. Wejust wished Citbank never took advantage of us by increasing our interest rate to 24.9%. We had always paid our bills ontime.We would like to be able to pay our Citibank judgemnet off someday. Link to comment Share on other sites More sharing options...
workingpoor Posted February 15, 2011 Report Share Posted February 15, 2011 Feb 2011Arrived at Court House Checked the boards to see which courtroom we were assigned to Went into the court room, sat down and waited about 30 minutes.Someone took roll call and around 9:15 A.M. the Judge entered.There were about 25-30 people including the "plaintiff" the person making the claim, the "defendant" the person defending against it,a female judge, women sitting at a computer and a man in a jacket.When it was our turn, the judge asked if we had talked with therepresentative from Citibank and when we told her no, she had us leave the courtroom and go out and talk with the attorney.He offered us a settlement of about 50% off with 12 payments.Since we were unable to accept the offer, he said he would take off the attorneys fee $$$ if we accepted the judgement orThe alternative was to go to trail & still get a judgement + fees.Since we owed the money and it appeared there was no way out.We did not contest. We were in and out in least than 2 hours.After working a lifetime to build our credit and have a nice home we now have Our First Judgement hanging over our heads.. Wejust wished Citbank never took advantage of us by increasing our interest rate to 24.9%. We had always paid our bills ontime.We would like to be able to pay our Citibank judgemnet off someday.What a shame....Actually, what a disgrace..... Link to comment Share on other sites More sharing options...
Credit and Debt Posted March 8, 2011 Author Report Share Posted March 8, 2011 Instructions on How to file a Motion in MarylandGo to - mdcourts .gov - Select - For Citizens -Court Forms - Click - District Court of Maryland Fees, Fines Schedules, Brochures, Forms IndexSelect the following form:DC 2 Motion/Certificate of Service/Order Copies to Court Open the (pdf) form using Adobe Reador - Fill in the blanksYou will need the following information The name and location for the Court and your Case numberThe name and address for the Plaintiff`s Attorney Once you fill in your information - Print out form DC 2 - Sign and DateTake the signed copy to the court house - Have the clerk date stamp it. You will receive two copies back - Keep one for your records - Be sureto mail the other copy to the "attorney" representing your creditor. Note: March 8, 2011 - Tuesday PMSubmitted our Motion for Exemption Joint Bank Account - Direct DepositFederal Pension and Social SecurityIn Person - Mailed copy to Attorney Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 9, 2011 Report Share Posted March 9, 2011 Feb 2011Arrived at Court House Since we owed the money and it appeared there was no way out.We did not contest. We were in and out in least than 2 hours.After working a lifetime to build our credit and have a nice home we now have Our First Judgement hanging over our heads.. Wejust wished Citbank never took advantage of us by increasing our interest rate to 24.9%. We had always paid our bills ontime.We would like to be able to pay our Citibank judgemnet off someday.Number one, what if the interest had been raised to 40%? Would you feel you still "owed" the money? From 3% to 24% would get my hackles sky high, would have crossed THAT line, and I would not pay them a dime. As for paying off the judgment, personally, I wouldn't pay anything on it. And if how you describe your general circumstances is true, Chapter 7 would be in my sights.The whole scenario just seems wrong. Always fight, in my opinion. Link to comment Share on other sites More sharing options...
Prosay Posted March 9, 2011 Report Share Posted March 9, 2011 Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card DebtWhat happens to people who have had a lifetime of good credit and then all at once every credit card company they have been with wants to increase their interest rates to 24.99% - 29.99%? We had a Citibank credit card account that we opt out in 2009after the interest rate jumped from (a promotional rate of) 3.9%to 24.9% (we were unable to get Citibank to lower the rate).We stopped paying on it earlier this year.Margolis, Pritzker, Etal (in Md) are representing Citibank Papers were served, 15 days to reply. (Oct Court Date)We are unable to pay for an attorney to represent us.What do we need to know in order to represent ourselves?What can they do to us since we have no extra income, afterthe house payment, gas & electric, car, health, life insurancewe have no savings and are lucky to be able to buy groceries. We have been unable to sell our house due to Lower Market Value & No Equity.Can they put a judgment on our home/house, if we owe more than what the mortgage is for? We only receive social security!I can tell you with absolute certainty that SOCIAL SECURITY IS 100% EXEMPT BY FEDERAL LAW...CAN'T BE TOUCHED IN A CIVIL JUDGEMENT SUCH AS THIS.I suggest that you google your states bankruptcy code, and this will give you an idea of your exemptions.The likely hood of a lien being placed on your home is just about nil under these circumstances.I suggest that you prepare a list of your qualified exemptions per state code, type it, have it notarized, then send a copy to the attorney, maybe send one to the creditor, and by all means file a copy with the court clerk with a copy of the summons and complaint attached. AND INSIST THE CLERK, SIGN AND STAMP WITH THE COURT OR CLERK'S STAMP. ( I DID THIS LAST YEAR FOR MY SISTER WHEN SHE WAS SUED in August 2010 BY AN OC. She entered a voluntary judgment ( against my advice) but since she did, I helped her prepare her "judgment proof asset list" and file with the clerk, etc. Well, not a word from anyone since then...and don't know if the court awarded judgment to the OC, as we haven't heard a word from anyone...not even the court ! We just know the state exemption code does work , AND THE OPPOSITION HAS GONE TO SLEEP ! Link to comment Share on other sites More sharing options...
Credit and Debt Posted July 14, 2011 Author Report Share Posted July 14, 2011 Lien Recorded Type: CIRCUIT LIEN RECORDING FEE Date: 05/2011 CIRCUIT COURT LIEN RECORDING FEE ; ;REQ BY ATP Type: LIEN OF JUDGMENT SENT TO CIRCUIT COURTDate: 05/2011 CC LIEN WAS SENT Type: LIEN OF JUDGMENT RECORDED IN CIRC. CRT Date: 05/2011 LIEN OF JUDGMENT RECORDED IN CIRC. CRT Type: NOTICE SENT Date: 06/2011 NOTICE OF LIEN RECORDATION (ATP)-S3Being sued by Citibank (South Dakota) N.A.Margolis, Pritzker, Etal for Credit Card Debt Link to comment Share on other sites More sharing options...
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