Received a "Notice of Settlement Conference" but I haven't been served?

[Ember]

The title should read CASE MANAGEMENT conference, not settlement - I apologize.

1. Who is suing you? Citibank via Hunt & Henriques (California)

2. For how much? I am really not sure.. probably a little less than $3k at this point.

3. Who is the original creditor? Citibank

4. How do you know you are being sued? I got a "notice of settlement conference" with the address listed at my local courts. I looked it up on our court website

5. How were you served? Were you served? I have not been served.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I got my first letter from them notifying me that they intended to collect the debt on behalf of Citibank, and that if I did not contact them they could file suit in court.

I contacted them, spoke with a rude woman who would not set up any payment arrangements or anything unless I could pay $3000, which I could not. She informed me that I was a deadbeat, and that I should not have run up the CC bill, and that she would file suit against me if I could not give her $3k that day. I stated I would end up having to file bankruptcy if that were the case. She stated that "I should do whatever I felt I needed to do" and hung up on me.

I called back and demanded to speak with someone else. This person was actually civil, and I set up $198 payments every month (which is a stretch, but I manage to make it work somehow) - I did NOT want a judgment. He said he would prepare a stipulation, which I did not want to sign - and I never did receive the stipulation. I called and checked on it a few months after that, and they hadn't prepared it yet. (however, I did notice on our court website that they had "filed" AFTER I had begun paying them as they requested, but I have still yet to be served)

I have paid them $198 per month without fail for about a year and a half now (there is no written agreement to this either). The original debt was in excess of $6k, should be right around 3 now.

I spoke with them a couple of months ago as the arrangements I set up had my payment date as the last day of the month every month, but the notices I get (I get two of each one, I dont know why) state that my payment is coming out the 28th. They said that it was fine, and the notices just go out that way. I asked my balance, and at that time it was $3400. I have only received the initial letter, and the notices of withdrawl from my account - and then this latest "settlement conference" letter.

7. Where do you live? California

8. When is the last time you paid on this account?On the 30th of September 2010.

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).I will paste that below

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?

I never received a summons, so I have no clue. Only the letter re: Debt Settlement Conference, which was just sent regular mail - not even certified. I haven't received any forms of any kind other than letters.

Here is from our court website, personal information/exact dates/judge's name removed:

Case Information Case Number: **********

Case Title: CITIBANK (SOUTH DAKOT VS Name, Me

Case Type: DEBT

Filing Date: 08/**/09

--------------------------------------------------------------------------------

Parties Name

Type

Attorney

CITIBANK (SOUTH DAKOTA) PLAINTIFF HUNT & HENRIQUES

This would be me: DEFENDANT

--------------------------------------------------------------------------------

Actions Date Action Description

10/**/10 NTC OF CASE MGMT CONFERENCE

07/**/10 NTC: FURTHER CASE MANAGEMENT CONFERENCE

**NOTICE OF INTENT TO DISMISS

08/**/09 NTC: STATUS CONFERENCE

RE PROOF OF SERVICE

08/**/09 COVER SHEET [CIVIL] Case Category Code: 09

Remedies: (M # c/a: 1

08/**/09 COMPLAINT FILED - 30 DAY SUMMONS ISSUED

(UNDER 10K) CK#

08/**/09 SUMMONS RETAINED AND FILED

--------------------------------------------------------------------------------

Events Date Time Event Description Dept Code Department/Judge

12/**/10 10:30 FURTHER CASE MANAGEMENT CONFERENCE

**CONT FORM 9/**/10**REPORTED SETTLED

**INTENT TO DISMISS

Disposition Date: 00/00/00

C07 HON NAME; JUDGE

09/**/10 10:30 FURTHER CASE MANAGEMENT CONFERENCE

**NOTICE OF INTENT TO DISMISS

Disposition Date: 09/**/10

HEARD IN PART-CONT TO 12/**/10

C07 HON NAME; JUDGE

07/**/10 10:30 STATUS CONFERENCE

CONT'D FROM 04/**/10 STATUS OF

SETTLEMENT

Disposition Date: 07/**/10

HEARD IN PART-CONT FOR NTC OF INTENT DSM

C07 HON NAME; JUDGE

04/**/10 10:30 STATUS CONFERENCE

RE PROOF OF SERVICE

Disposition Date: 04/**/10

CONTINUED TO 07/**/10

I don't know what to do with this??

Thanks in advance for your help!

Edited October 15, 2010 by Ember
errors

[Ember]

Oh yeah, and this IS within the SOL - date of delinquency 2 1/2 years ago.

[calawyer]

I would go down to the courthouse and ask to see the file. I do not see any indication that plaintiff filed a return on the summons (proof that it has been served on you). Look at the document entitled "Notice of Intent to Dismiss". My guess is that it is a notice to the plaintiff that the case will be dismissed if the plaintiff does not file the return of summons on a date certain.

While you are there, you might also want to visit your Judge's courtroom and observe the proceedings for a few minutes. It will make you a lot less nervous when (if) you have to appear.

Good luck.

[Ember]

Thanks CAlawyer, but if I go does this not admit I was served - when I haven't been. I've no clue what their service paperwork says.. isn't it their job to serve me and give me all of the relevant paperwork?

I don't really have time off work to go researching it at the courthouse, unfortunately. I can look at our court website, but that's about it.

My paper I got in the mail says NOTICE OF CASE MANAGEMENT CONFERENCE RE: SETTLEMENT.

Please take notice that a Case Management Conference re: SEttlement in the above entitled action has been set for December 2010 at time in department XX, of the county of *********, City Courthouse located at address.

Thank you again.