Being sued and I don't know what to do!

[sweetpotatopie]

I definitely can't afford a lawyer for this....

I was very surprised by a Marshal yesterday bringing me a summons saying that I was being sued by a company "as transferee of citibank" and I don't know what I should do!

The balance is $4000 and some change, plus like 2000 in interest and lawyers fees.

I have never had anything with Citibank except a student loan, which when I checked online they sent me a message stating that I was up to date on payments. I don't know what this could be and don't recall ever getting anything from this company before. I don't want to state who it is at the current time unless necessary.

Complaint on Note, there are 2.

1)I am me and where I live.

2)The defendant is in default on a note to the plaintiff in the priciple amount of (stated above).

I have 30 days to send something back to the court. Should I just send the answers on a piece of paper saying that I affirm number one and deny number two and send a little explanation? Can I go ahead and file a motion to dismiss right off the bat? Would I answer these and then file the motion together? I'm overwhelmed with info from this site.

I think either this is a mistake from citi, something really old I have forgotten about, or they have the wrong person with my name. I know the SOL is 4 years in GA, but how would I know when I made a payment last if this is something I forgot about?

I know a lot of these are judged by default for not doing anything, so I don't want that to be me.

Edited October 5, 2010 by sweetpotatopie
additional info

[admin]

I suggest you take a little time to read the numerous post here which should pretty much tell you what to do.

Also, you can read this:

http://www.creditinfocenter.com/legal/ive-been-sued.shtml

[sweetpotatopie]

I suggest you take a little time to read the numerous post here which should pretty much tell you what to do.

Also, you can read this:

Thank you. I have read a bunch, but it's a little overwhelming. I tried to edit my post to specify my questions. What I'm wondering is can I file a motion to dismiss off the rip here? Or do I just answer this first and then wait?

[admin]

1. Read your court's civil procedures regarding filing an answer and all other motions.

2. Always answer.

3. Depending on what your civil procedures are, next motions are motion to dismiss or file discovery requests. I'd lean towards discovery.

Again, totally dependent on what your rules of civil procedure are.

[Mimi-to-8]

Did the summons have an account # on it?

Have you gotten your credit reports lately?

Georgia allows 2 free copies per year.

If you call the Big 3 CRA's and order your CR, you will have them in hand in a few days.

The SOL in Ga is 6 years.

You need to file an Answer to the summons within 30 days. Wait til around day 25 to file it so you have time to research. Check out my past posts and you can see my Answer to my summons as a quide.

Do as much research here as possible and ask specific questions as needed. There are wonderful, helpful, and knowledgeable people here willing to help!

[sweetpotatopie]

Yeah, I have VERY little information with this. There are no account numbers, no phone numbers, just the name of this company, the name of the lawyer and that it's "as transferee of citibank" so I am hoping they really are shooting in the dark. I have written up a response now that just basically says I think there is a mistake and that Citibank says I'm current. I guess I'm really not sure what to research. I know I have to affirm that this is my name and my address and then deny that I owe this.

What would I be looking for on my credit report? Just the name of this place? I don't want to call them and admit anything if they are on there.

[Mimi-to-8]

My personal opinion is that they don't have anything to back up their claim. Especially since they did not even declare an account number on the summons. How in the world could you possibly know if it is your debt or not without an account number to research???

Basically your Answer should be headed just like the complaint (with court info, case #, plaintiff & defendant info).

Title it "Answer To Complaint". Number and answer each paragraph as they have them listed. Example:

"2. DENY. The Defendant has no proof of fiduciary relationship with the Plaintiff."

You also need to add some Affirmative Defenses at the end. Don't go overboard; just 3-4 will do. Example:

"1. 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." also make sure you point out the fact that Plaintiff failed to state an account number on the complaint. And there's no proof they own the debt.

What did they put for the cause of action? breach of contract or what?

You need to research Georgia Uniform Rules for civil court. Google for your specific county's court website too.

Please read through my posts to see how Ga courts work in regards to Motions. I don't know how to link them. Maybe Admin can link my post about my issues with filing Motions.

What would I be looking for on my credit report? Just the name of this place? I don't want to call them and admit anything if they are on there.

Call Equifax, Experian, & TransUnion to order a hard copy of your credit reports asap. You will receive them early next week. You want to look for a tradeline reported by the Plaintiff or Citi with the debt amount stated in the summons. You will look to see if Citi is reporting $0 balance (they will have sold it). You will look to see if Plaintiff is reporting the debt and if all info is accurate. If you find the right entry, you can see what's going on and dispute it with the credit reporting agencies. You will also be able to see if SOL has ran out.

If you do your research and fight this, there is a good chance you could beat them. I will let the more experienced members respond but I don't think they have much proof of anything.

Research, research. Fight, fight!

[Mimi-to-8]

I forgot to mention that you should NOT make this comment in your response:

I have written up a response now that just basically says I think there is a mistake and that Citibank says I'm current.

This could be deemed as you admitting to the debt.

You have absolutely no way to know if this is the same account or not. Do not admit to it. It could possibly be a very old Citi account that SOL has passed. You can't know by the lack of information.

Get your credit reports.

You do not have to answer the summons right now. Get more understanding before you file it.

[sweetpotatopie]

Well I filed my complaint answer with a motion to dismiss, but still got a hearing scheduled for Monday. I have been getting calls from the opposing counsel and he is wanting to continue the case in order to "do some more research and find out if you do owe the debt" and I'm supposed to call him back.

I'm not sure if I should do that...it seems like maybe he doesn't have any proof and maybe I should go ahead and go to the hearing.

I don't have any proof to show that I don't owe it, but what are your opinions?

edit: and I do see it on the credit report

waoh, just got a call back that they have taken this off the calendar and will be calling me back. They do say that they still think it's owed, but they are researching.

Edited November 18, 2010 by sweetpotatopie

[Savoir]

If this is a JDB ..... and from your description of the course of events ..... I think it is .....this could be a trick to get you to not show up to the hearing thereby giving them a default.

You really need to make sure that the hearing is NOT on the calendar by calling the court house and speaking with the court clerk to confirm this.

In the alternative .... just show up and do your best.

[BV80]

I don't have any proof to show that I don't owe it, but what are your opinions?

edit: and I do see it on the credit report

It's up to THEM to prove you owe it. What is the date of last activity on the debt according to your CR?

Please do as Savoir suggested, and call the Clert of Court to make sure the hearing is not on the calendar.

[Mimi-to-8]

You don't have to answer these questions on here but please check this info for yourself.

1. Is Citi named the Plaintiff on the summons or is the Plaintiff a JDB?

If it's not Citi, someone else owns this alleged debt now and you need to force them to show proof of title for the right to collect it.

2. On your CR, if it is reported by Citi, does it show a balance of $0?

If so, they have sold the debt. If it is reported by someone else other than Citi, it is probably a JDB.

Call the court clerk tomorrow to double check on Monday's hearing. I would show up just in case. I would not call the atty. They could make you slip up and say the wrong thing under pressure. Do not trust them. I have learned first hand that they do not do things professionally. The atty in my case got a signed Order from the judge (without a hearing) which forced me to initiate arbitration within 30 days. The atty never bothered to send me the Order in hopes the 30 days would pass without my compliance and they would have won a SJ.

Make them prove everything! It is not up to you to prove what they sued you over!

Good luck and please keep us posted.

[sweetpotatopie]

I had the exact same thought...that he was trying to get me not to show up. So, I did call the court and they said that they did receive that he requested it be removed from the docket, but it was not off yet. I am calling back this afternoon to make sure. It shows a 0 under citibank on the credit report so I'm assuming they did sell. Last payment was made in 2006 according to the report, so im still in the 6 year SOL in GA.

I have no documentation or anything, so I'm going to just go to court when I can and use your suggestions to ask for the proof of the debt. I'll keep you posted as to what transpires after I call this afternoon to make damn sure it's not scheduled.

[Prosay]

I had the exact same thought...that he was trying to get me not to show up. So, I did call the court and they said that they did receive that he requested it be removed from the docket, but it was not off yet. I am calling back this afternoon to make sure. It shows a 0 under citibank on the credit report so I'm assuming they did sell. Last payment was made in 2006 according to the report, so im still in the 6 year SOL in GA.

I have no documentation or anything, so I'm going to just go to court when I can and use your suggestions to ask for the proof of the debt. I'll keep you posted as to what transpires after I call this afternoon to make damn sure it's not scheduled.

If the attorney asked that the case be removed from the docket...seems like he is admitting that he has nothing to move on. Non the less stay on top of this, and if this is not your debt, then by all means file a SWORN DENIAL. In the state of Tenn . we have a law under Tenn Code Annotated which states that "THE BURDEN OF PROOF OF TRUTHFULNESS SHALL LIE WITH THE AFFIANT."

Tenn code annotated also has a law (TCA &39-16-705) " a person who with the intent to deceive or induces another to make a false statement is guilty of perjury" ...and of course this would cover affidavits.

Research "Georgia Code Annotated" and see if you have similar laws.

Non the less, perjury is a criminal offense, WHETHER ORAL OR IN THE FORM OF A SWORN AFFIDAVIT.

Now if the attorney has no proof, you may have recourse under Title 18, chapter 63 US Mail code...which provides severe penalty for anyone attempting to fraudulently collect a debt, using the US Mail and electronic media ( e-file etc ) which constitute wire fraud. Not only that but I would also raise the issue of "attempting to commit fraud upon your state by filling a false complaint in your state committing fraud upon the court and attempting to commit fraud upon your personally"

Also ask the attorney to name all individuals who HAVE PERSONAL KNOWLEDGE OF THIS MATTER AND TO WHAT EXTENT. Submit names of all Corporate individuals who personally executed any and all transactions made against this alleged account., or the names of all individuals who personally saw or were within earshot of any and all transactions being made....AND REMIND THEM OF THE LAWS WHICH MIGHT APPLY.