Advice?

[tigra]

So im trying to get my Citi 3K lawsuit out of small claims in order to submit it to arbitration. In order to do that, i need over 5K worth of couterclaims.

Ive been reading a lot, and sleeping only 2-3 hours per day between work and this, so if anyone can advise, i would really appreciate your help, cause by now i feel like a zombie.

Here is what I have so far, please advise if this can be used, and if so, which Act or Law to look at if you know.

1. Service of summons was made on Saturday at 11:05 PM on my mom (she lives with me), which caused her lots of stress:(

Can they serve summons that late at night? I read in Florida RCP that they cant serve on a Sunday or holidays, but nothing on serving at night:/

2. I got a letter saying that they were authorized to sue me, but it was not signed by the attorney. Isnt it supposed to be reviewed by the lawyer? Does anyone know Where can I look for rules regulating this? I read entire Statutes, and my last 5 braincells are overwhelmed at this point lol.

3. I faxed them DVL on 2/8, they replied in June with all the statements, so they did get it. However, in February i received a letter frm them, trying to collect,dated 2/10. FDCPA violation, but do you think they will be able to get it dismissed as Bono Fide error?

4. Equifax says first delinquency reported by this creditor was April 2009, yet payment has been made. is it FCRA violation? Where do i look for what creditors report to credit bureaus?

5. They reported to Equifax 60 days late in September and to Experian 30 days late in September. Is that a violation of some kind, and is fo, of what? FCRA?

6. I dont know if this is anything, but when OC sends acct for collections to a CA, does CA have to report to Credit Bureaus that they are collecting on this account?

7. Spoke to the lady from CA office, and wanted to submit a settlement offer, they asked for 2K on 3K debt, but said that the balance is $3,364, cause they have to include lawsuit costs. Can they do this and add court fees to the balance before even going to court? Wouldnt this be an FDCPA violation for trying to collect a higher amounte since the judge didnt award them any court costs?

8. Finally, i dont know how all this credit card statement stuff works, but i found it weird that Balance subject to finance Charge on the staterment is higher than previous balance, and bellow total new balance. Here is what im talking about:

Statement period--July 16-Aug 14, 2009

Previous Balance--$2,423.01

Amount over credit line--$220.41

Past Due--$153.11

Finance Charge--$58.40

Total New Balance--$2,520.41

Late Fee--$39

NOW bellow it says:

Balance Subject to Finance Charge:

Standart Purchase--$2,451.12 (WHERE DID THEY GET THIS NUMBER FROM???)

Periodic Rate--0.07942%(D)

Annual APR--28.990%

So far cant think of anything else anymore, since these bastards never even called me.

Please port your thoughts on this. I am thankful for Every opinion and input

[tigra]

I would really appreciate if anyone can post examples of claims/counterclaims they had

[admin]

I'm not sure this is the right place for you. Are you trying to do counter claims in arbitration? Have you even started the arbitration process?

[tigra]

Here is whats going on:

my case is in small claims in Florida. I requested validation back in February, they responded in June with all my statements since I opened the account until charge off, so I know doing it through court by requesting discovery would be pointless, they got everything.

I tried settling, and on a 3014K debt they want 2K in a lump sum, which i dont have.

The only way i see it is to try and bluff by requesting arbitration, but cant do it in small claims for Citi according to their agreement. So In order for me to get out of small claims court, i have to come up with over 5K in counterclaims to transfer this to a higher court, and request arbitration then. So thats what i am trying to do, but cant come up with anything since these guys never even called me.

[tigra]

I did not answer my lawsuit yet. If i am to transfer to a different court, i have until this friday

[RebelLady]

Well...as I see it...if they have enough to convince a judge, they also have enough to convince an arbitrator.

Your time might be better spent answering the complaint and determining a viable strategy for the court proceeding. Maybe at some point, the lawyer's office will get sloppy and make a mistake. Then you will have a counterclaim against them.

The original creditor is NOT subject to the FDCPA. Only JDBs are subject to it. If this law firm is representing the OC (not a JDB), the FDCPA can't be used against them.

In the meantiime, answer the complaint or there won't be any need for you to have a defensive strategy. They will get a default judgment and it is extremely difficult to vacate a default judgment.

RL