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citibank summons


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Hi, have been unable to keep up credit card payments and have received my first court summons. Not sure what to do, any help much appreciated!!

plaintiff is citibank

amount is just under $7000

citibank is original creditor

i was served the summons at my house july 2011, my roomate received it. this is where it gets complicated i'm out of the country right now!!

was trying to negotiate a settlement with them by phone but couldn't afford their offer

i live in la ca

last payment was sept of 2010

status of case is that a summons was served and they await my written response (court)

have not disputed debt

no debt validation

charges are as follows... cause of action common counts

an open book account for money due

because an account was stated in writing between plaintiff and defendent between which it was agreed defendent was indebted to plaintiff

for money lent by plaintiff to defendant at defendants request

for money paid out, laid out and expended to or for defendant at defendants special instance and request

the lawyers representing citibank are Hunt and Henriques

my time is ticking......thanks in advance for any help!!! my situation is complicated by the fact i'll be away till october some time!!

Edited by windofchange
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You have a couple of options:

1. Answer the complaint, deny all the allegations and slug it out in court, or

2. Answer and file a motion to compel arbitration. Moving the dispute to arbitration will be very,very costly to Citibank - and may make them drop the case all together.

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Thanks for reply. What does slug it out in court entail? Im not a lawyer and I do owe the money! Isn't it a given that i will lose?

My main concern for now is that I'm out of the country. I have 18 days to answer. Can I mail it certified? And where do i get the correct forms. Sorry i'm really new to this, but can't afford an attorney.

I'm really looking to just slow the process down, I'll be back in town in October. I like the idea of arbitration,calling their bluff. I didn't see a copy of the contract with the summons either, does that mean anything.....sorry for all the rambling questions....answers much appreciated.

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i did some research and found the forms. I believe i can't use pld050 general denial because a third party is representing the plaintiff and the amount exceeds $1000. Is that right?

So i have to use pldc010

I really need to know do I have to file this form in person at the courthouse. I'm not in the country !!! Can a family member do it??

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i have form pld-c-010, 3 b. (1) defendant claims the following statements are false.........

(2) defendant has no information or belief that the following statements are true, so defendant denies them.......

do i put the same answers to both one and two? what is there to distinguish between them?

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I just figured that #1 sounded more sure and i may get in to trouble point blank denying in that way, if i did actually owe the money.

#2 you could say, oh yeh i forgot about that one

but i do have to answer both right? or i'd be admitting the debt if i only answered #2

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i did some research and found the forms. I believe i can't use pld050 general denial because a third party is representing the plaintiff and the amount exceeds $1000. Is that right?

So i have to use pldc010

I really need to know do I have to file this form in person at the courthouse. I'm not in the country !!! Can a family member do it??

Is the complaint verified? Here is the statute itself (CCP 431.30 d). The underlining is mine:

If the complaint is subject to Article 2 (commencing with

Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a

general denial is sufficient but only puts in issue the material

allegations of the complaint. If the complaint is verified, unless

the complaint is subject to Article 2 (commencing with Section 90) of

Chapter 5.1 of Title 1 of Part 1, the denial of the allegations

shall be made positively or according to the information and belief

of the defendant. However, if the cause of action is a claim assigned

to a third party for collection and the complaint is verified, the

denial of the allegations shall be made positively or according to

the information and belief of the defendant, even if the complaint is

subject to Article 2 (commencing with Section 90) of Chapter 5.1 of

Title 1 of Part 1.

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Hi, thanks for the info. , there is nothing in the complaint on the last page or anywhere else that says it is verified. I have also called the court but alas they didn't understand my question when i asked if the complaint for my case number was verified. Can I now assume the complaint was not verified?

Is there some other way i can check?

And lastly should i just forget about the general denial to be on the safe side and deny "positively"?

And yes i've left this to the last minute now!!!

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Hi, thanks for the info. , there is nothing in the complaint on the last page or anywhere else that says it is verified. I have also called the court but alas they didn't understand my question when i asked if the complaint for my case number was verified. Can I now assume the complaint was not verified?

Is there some other way i can check?

And lastly should i just forget about the general denial to be on the safe side and deny "positively"?

And yes i've left this to the last minute now!!!

If there is no statement, under penalty of perjury, that someone has read the complaint and it is true, then the complaint is not verified. Usually (but not always) when the complaint is verified, it says so in the caption (i.e. "Verified complaint for breach of contract.....")

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