Should I just not go to court?

[yunnie]

So Citibank filed against me back in Nov. I went to the legal aid credit class here and even though its from the OC, I was told to just file the items in the package.

My motion for more definitive statement was denied. I filed a Discovery and my answer denying everything. Pre-trial was basically by phone (lawyer was stuck in traffic and judge wasnt even around). Lawyer ask if we can do a settlement and I told him i had nothing at all. 0 money because i'm unemployed.

Discovery came back with all the statements from Zero to current balance. Along with 2007 terms of agreement (but not the original 2004 one when I got the card).

Now a trial brief is due TODAY, and I had been trying to get help from legal aid as to How to write it and what to write down. Legal Aid was stumped. They said it was un heard of for these things to even end up at trial. They couldnt even give me a template for a trial brief. So I'm at a lost as to what to do. I dont think I even have a defense.

The trial is next week, I dont even know what to say at it. I'm tempted to not go because it will be a judgement against me either way.

So I'm thinking of letting it just go as default judgement and deal with it when I have a job and income.

I would have settled if I had any money at all to pay, but I cant. I have nothing. 0. My parents took over paying my student loans for me 3 years ago.

I am uncollectable. I had been plaining on moving out of state to get a job but held off because of this suit.

I've been super stressed, havent been eating and afraid I'll lose that job I have set in the other state. I'm at my limit.

Edited March 11, 2011 by yunnie

[Clementine]

So Citibank filed against me back in Nov. I went to the legal aid credit class here and even though its from the OC, I was told to just file the items in the package.

My motion for more definitive statement was denied. I filed a Discovery and my answer denying everything. Pre-trial was basically by phone (lawyer was stuck in traffic and judge wasnt even around). Lawyer ask if we can do a settlement and I told him i had nothing at all. 0 money because i'm unemployed.

Discovery came back with all the statements from Zero to current balance. Along with 2007 terms of agreement (but not the original 2004 one when I got the card).

Now a trial brief is due TODAY, and I had been trying to get help from legal aid as to How to write it and what to write down. Legal Aid was stumped. They said it was un heard of for these things to even end up at trial. They couldnt even give me a template for a trial brief. So I'm at a lost as to what to do. I dont think I even have a defense.

The trial is next week, I dont even know what to say at it. I'm tempted to not go because it will be a judgement against me either way.

So I'm thinking of letting it just go as default judgement and deal with it when I have a job and income.

I would have settled if I had any money at all to pay, but I cant. I have nothing. 0. My parents took over paying my student loans for me 3 years ago.

I am uncollectable. I had been plaining on moving out of state to get a job but held off because of this suit.

I've been super stressed, havent been eating and afraid I'll lose that job I have set in the other state. I'm at my limit.

Definitely go!!!!! At least if you get a judgement against you when you're there, you can talk to the lawyers and tell them your situation, and when you are working again you can set up a payment plan. This way they are not hunting you down and garnishing your wages at your new job embarassing you, making you look bad, and having them find out and putting your job at risk! Do not skip this court date!!!!!

[fightemdontfold]

With them being an OC I am not sure I can advise you as most of my research has been on JDB's. But I will tell you that the reason legal aid (good of you to consult that option) probably doesn't have a template for you is precisely because people DON'T go to court and the plaintiff in these cases always get defaults.

[willingtocope]

Does the agreement you were sent have an arbitration clause in it? If so, you might want to read up on "motion to compel arbitration". It won't make the debt go away, but it might delay things for quite awhile...

[Swissy]

go to citicards DOT com /cards/acq/cma.do?screenId=13461&locale=en_US

should be able to find your agreement there..

[yunnie]

We tried talking about a settlement/ payment plan at pre-trial. I have NOTHING. No job, no income, no money in my accounts (except $100), nothing of value. So I cant even set up anything.

My parents took up paying my student loans for me 3 years ago. My student loans and staying current on it is a more important issue then a credit card suit. Since student loans can take away even SS.

I'll look in to Arbitration but that requires me to stay in the State. Would arbitration even work for someone who has no money to even start paying "soon".

I cant put off not working. I sort of dont want to stall it any longer. Its driving me nuts. I've been too stress to do anything. I want to get back to working and going to school.

Right now I'm just looking at what will happen after. They cant levy my bank account here in Ohio because I have has only $5 ( they need at least $400 to levy it). My other saving account has $50 but it's online Saving with their branch in NY. the 2 accounts I have are online accounts with their main (and only) branch in Utah and Nevada.

Also I'm moving to another state for work. part time and hopefully a decent full time one while I wait for classes to start.

And I have always files taxes for the state I'm moving back to.

So if they want anything, they would have to domesticate judgement in those states right?

My only issue is one of the places that I will be working part time for has its HQ in Ohio. So I'm hoping they dont notice that soon.

Also what about federal taxes refunds? Can they garnish that from Ohio when someone works and lives in another state?

Also dunno if it can be answered here, but When I am able to finally make a payment on my judgement, who will i have to contact? the lawyer for citibank that is suing me or someone else?

SO with that all said, should I just skip the trial and wait for the default judgement (cause it will be a judgment against me even if I show up).

Trial Brief is due today and I literally have nothing to write it or even how to write it correctly. I've read everything, and I dont really have any defense.

Edited March 11, 2011 by yunnie

[fightemdontfold]

First of all, since the National Arbitration Forum was abolished, arbitration is something JDB's usually like to avoid. What was once a rubber stamp is now a much more expensive option for them. From what I have read, it will typically take some time for that to materialize, if you can get the suit against you dismissed for improper venue, it will take them some amount of time to then take you to arbitration.

You have to assert your rights and try not to be so intimidated, if you have no other defense, which you may indeed have, then do as others have advised and assert to the court that this is an improper venue, that the claim can only be resolved in arbitration as to the terms of the agreement.

As far as garnishments and whatnot, you just need to adjust to conditions if that comes about. Forget about putting money in a bank account, use money orders. It will probably be a period of time for them to be able to track you down if you move out of state even on wage garnishments, they will find you eventually but it may take a while. they have to jump through the hoops to collect on the judgement, the court supposedly doesn't help them much.

Also you can go to court and argue (not sure exactly what it is called) that a garnishment of your paycheck would leave you unable to live. You will have to pay for the hearing and you will have to prove all of your expenses, but I believe you can get the garnishment delayed indefinatly if you can prove that it would leave you unable to pay basic bills.

Also they can only garnish a portion of your wages.

Also remember, if you have multiple defaults, that most states allow for only one garnishment (excluding child support and taxes) at a time. At very least, if you have multiple defaults, only one of those can garnish you at a time, might give you leverage to settle with the others, if they sue you, and if your finances improve.

Not sure on how garnishments work on taxes.

[antiquedave]

I'm curious about the legal aid class that you took and the packet they gave you

Also do you have enough debts to warrant bankruptcy?

Did the ending statement they sent have any record of consideration given or received? or was it just fees and interest?

I'd still make them produce all of the docs, statements and the correct agreement from the year of issue and the correct class of the account it was tied to, if this continues for a bit you might have time to get settled into a job.

One of the other things I saw was where people sometimes make an offer for judgment of close to the amount that the suit is for and get it dismissed due to mootness

[yunnie]

I'm curious about the legal aid class that you took and the packet they gave you

Also do you have enough debts to warrant bankruptcy?

Did the ending statement they sent have any record of consideration given or received? or was it just fees and interest?

I'd still make them produce all of the docs, statements and the correct agreement from the year of issue and the correct class of the account it was tied to, if this continues for a bit you might have time to get settled into a job.

One of the other things I saw was where people sometimes make an offer for judgment of close to the amount that the suit is for and get it dismissed due to mootness

The Legal Aid class was basically a small crash course on being Pro se. just what you need to file in what order at what time.

The packet had information on building a good credit, wage garnishment calculation sheet, info in bankruptcy, info about legal aid. Then the other side of the folder had the motions for More definitive statement, motion for discovery, motion leave to move or Plead, Answer.

They have produced all the original statements from the very start of the credit card account. Since I am being sued by the OC.

I dont understand what you mean when you say "record of consideration given or received? or was it just fees and interest".

The statement is the basic Citicard statement. That list all account activities. My last statement list no fees or interested charged for the period because it was already sent to the citibank Attorney's office by that time. It does list how much the balance is, how much is past due, and how much over the credit limit I am.

- offer for judgment of close to the amount that the suit is for.

I would offer for that but, I cant pay them right away. They want payment starting soon after. I have nothing literally. So I cant even make a payment.

I do qualify for bankruptcy BUT, I wont file due to my private student loans. My parents are Co-signers. If I file bankruptcy, my student loans go into automatic default and my name will be taken off the loan. The loan will then go into my parent's name only. Either they make payments or have to pay in full, we're not sure which. My parents prefer to continue paying the loan under MY name, instead of theirs.

So my only options seems to just be judgement and hide some money till I can pay things on my own terms.

Edited March 13, 2011 by yunnie

[antiquedave]

I was under the impression that you could not get out of your student loans even with a co signor they don't go away, you could always re-affirm the school debt can't you? First meet with a bankruptcy attorney is free ask your questions, if you hire him it should stop the trial.

If you have all of the statements then the sales and payments you made are recorded on the statements

I'm still learning but without a affidavit from a person with original knowledge, that references the statements and the agreement, I'd want the correct agreement from the year of issue, all subsequent addendums and from the correct class of account that the credit card it tied to I'd challenge all of their submissions

I'd still ask for proof of mailing, proof of receipt, proof of payment, just because an amount is showing as paid on the invoice doesn't prove you made the payment. I'd ask for the source of te payment, copies of some cancelled checks with my signature, I'd ask for the moon.

I'd question everything