Being Sued Through Javitch Block & Rathbone For Citibank (Ohio) - Summons Questions

[narnie55]

1. Who is suing you?

Citibank represented by attorney at Javitch Block & Rathbone

2. For how much? $10,000

3. Who is the original creditor? Citibank

4. How do you know you are being sued?

received summons

5. How were you served? Were you served?

served by certified mail

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

They first were acting as collection agency trying to collect on this debt. I asked for DV. They sent 12 statements from 2009-2010. A month later I received summons.

7. Where do you live? Ohio

8. When is the last time you paid on this account? Feb. 2010. I had been trying to make payments to another CA but couldn't keep up on payments so they moved it to Javitch Block and Rathbone.

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). Filed in municipal court. Verified case number

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. Yes

12. Does your summons require a response in writing? Yes

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

One statement copy from 2009, and a page that lists charge off balance, payments made since charge off date, and the suit amount.

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

still in the SOL

Any help I can get would be appreciated. I have read so many threads in this forum my eyes are about to pop out. I am beginning to get a feel for what I need to do to answer my summons, but I have a few questions before I proceed to drafting it up.

My first question is how do I know for sure that Citibank is indeed the plaintiff as my summons states? I have read online that some of these debt collection companies are committing fraud by claiming the OC is the plaintiff when they are not.

I did a DV when Javitch Block and Rathbone first contacted me trying to collect. At the bottom of their stationary it states "This is communication from a debt collector." Now they are listed as the attorney for the plaintiff, which is listed as Citibank. Citibank charged off the account in May of 2009.

As far as documents provided for the DV, I received back statements for 12 months from 2009 -2010, which were all after the time that Citibank had charged off the account. A month later I received the summons.

The counts listed on the summons include:

1. There is due the Plaintiff from the defendant upon an account, the sum of $10,000.

2. A copy of the said Account is attached hereto as "Exhibit A"

(This was just one month copy of a statement)

3. Although demand has been made, Defendant has failed to liquidate the balance due and owing.

4. Plaintiff reavers the above paragraphs as if fully re-written herein.

WHEREFORE: the Plaintiff prays for a Judgment against the defendant on Count one in the amount of $10,000 with interest from the date of judgment, costs of this action, and such other and further relief as the court deems just and proper under the circumstances.

_________________________________________________________

Before I mess things up, I would like to get some advice from people here who have more experience and knowledge of this than I do. Any help with wording my Answer would also be appreciated. I am not sure how to verify if the plaintiff is actually Citibank as they state, or if it is Javitch Block/Rathbone.

Thanks for any help.

Edited October 26, 2010 by narnie55

[admin]

The counts listed on the summons include:

1. There is due the Plaintiff from the defendant upon an account, the sum of $10,000.

Denied. No evidence provided regarding how Plaintiff calculated the amount of the alleged debt.

2. A copy of the said Account is attached hereto as "Exhibit A"

(This was just one month copy of a statement)

Denied - no proof that this document is authentic.

3. Although demand has been made, Defendant has failed to liquidate the balance due and owing.

Denied - Defendant has never received any demands.

[nobk4me]

JBandR seem to be counsel of choice for Citibank in Ohio.

[narnie55]

Thanks for the replies.

Is there a way for me to include in my affirmative defenses something that requires proof that indeed the plaintiff is Citibank and not JR&B suing for a debt they bought from Citibank?

[narnie55]

One more question -

The counts listed on my summons includes:

4. Plaintiff reavers the above paragraphs as if fully re-written herein.

I don't even know what this means much less how to respond to it in my answer. ??

[LostMind]

One more question -

The counts listed on my summons includes:

4. Plaintiff reavers the above paragraphs as if fully re-written herein.

I don't even know what this means much less how to respond to it in my answer. ??

You could Motion request for definitive statement but it probably meant reaffirms or restates. also meaning to repeat. IMHO

[admin]

Thanks for the replies.

Is there a way for me to include in my affirmative defenses something that requires proof that indeed the plaintiff is Citibank and not JR&B suing for a debt they bought from Citibank?

I wouldn't waste my time. Make them prove their case.

[narnie55]

Thanks for the advice everyone. I have to get my answer filed this week so this has been helpful.

Nobk4me: I got your message and tried to reply but I don't have 10 post counts yet to do so.

[narnie55]

I. ANSWER

Now comes Defendant, Pro Se, who denies the following paragraphs of Plaintiff’s Complaint.

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as there is no evidence provided regarding how Plaintiff calculated the amount of the alleged debt. The Defendant leaves the Plaintiff to provide proof.

2. Defendant denies the allegations contained in Paragraph 2. There is no proof that “Exibit A” is authentic. Defendant demands strict proof thereof.

3. Defendant denies the allegations contained in Paragraph 3. Defendant demands strict proof thereof.

4. Defendant denies the allegations of all Paragraphs above as contained in Paragraph 1-3 above.

AFFIRMATIVE DEFENSES

1. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

2. 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.

3. Plaintiff has not produced a copy of the any credit card agreement establishing an obligation by the defendant.

Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

WHEREFORE, Defendant prays that the court take nothing of Plaintiff’s Complaint by virtue and dismisses the complaint.

This is the answer I have prepared to submit. Any suggestions appreciated. I'm wondering at what process in this do I request proof of all accounting of the stated amount of the debt? Have I already covered myself above or do I need to take another step in this?

Also, can I still decide on arbitration after I have filed my answer or is it too late at that point. I have to file by this Friday so time is running out.

[nobk4me]

I wouldn't hurt to include arb as an affirmative defense just to cover your bases:

This dispute is subject to private, contractual arbitration at any time.