Being Sued by Citibank and don't know how to answer

[Oarman1954]

I am being sued by citibank for a little over $10K I have been reading posts on this board for 3 days and still am not sure how to answer the summons.

I would like to be able to answer the summons in a way that I do not perjure myself, but also let them know I am not going to let them just get a summary judgment against me either.

They did not offer a settlement and that is what I would like to do. Am I better off trying to answer this summons and then try to settle, or try to settle with citi directly before the hearing?

I need some help in answering the summons where it is the original creditor, and I will not be perjuring myself. When I sent the lawyer VOD request all they sent back was a copy of the last statement (which I also received),

Can someone please make some suggestions, or point me to some posts that may have the answers? I have not been able to find them, and I have tried. The reading I have done has been very informative but has not been specific enough for me to feel able to answer this summons.

Thanks for any help anyone may be able to give. This forum is so great!

Edited January 18, 2012 by Oarman1954

[admin]

We don't have much information to go on. What was in the summons? What were the allegations. What's in the paperwork along with the summons. Anything?

[Oarman1954]

Sorry,,,the summons was one page with a copy of the latest bill attached

Citibank, N.A. out of Sioux Falls,SD/ Complaint for Money

Here are the counts(?)

1.There is due the plaintiff from the Defendant(s) upon a credit card account debt, account number XXXX , the sum of $11,666.66

2.Attached hereto as Exhibit " A " a business record showing the balance owed the Plaintiff. The remaining account records are not attached hereto because,upon information and belief: (a) copies were sent monthly to the Defendant(s), and are or were in Defendant(s)' possession, custody or control;(b)said records were archived by Plaintiff; and/or © said account records may be voluminous.

3. Defendant(s) is in default on this repayment obligation.

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

WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $ 11,666.66, with statutory 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.

Brian C Bloch, SCR

Bradley Triplett, CSR

Attorneys for Plaintiff

Javitch, Bloch & Rothbone LLC

1100 Superior Ave.,19th Floor

Cleveland,OH 44114-2518

We were never offered a settlement and when I spoke to the girl that works for Javitch she said they would be garnishing my wages. I told her I have been disabled for 15 years due to complications from my two liver transplants. She told me she spoke to Monroe Muffler and they confirmed my employment. I have never worked there!! I told her so and she said she had verification from 2 phone calls? I said " Well...you'll find out soon enough if you try to garnish my wages!"

Thing is I would really like to avoid a judgment.

I am hoping for an answer that will let them know I am not going to just roll over for a judgment. I want a settlement. I am not going to agree to a judgment and then make payments either.

I hope you can help me. Thank-you ! I am sorry if this is all too much information.

Edited January 18, 2012 by Oarman1954

[workingpoor]

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without

information or knowledge sufficient to form an opinion as to the truth and accuracy of the allegations.

If you don't want to deny the debt, then deny the amount they are suing for. Make them prove every penny they are saying you owe.

Edited August 16, 2011 by workingpoor

[usagi555]

"Exhibit A" didn't happen to have an affidavit attached to it that was signed by Cindy Westfall, Shayna Gier, Jennifer Shepherd or Marianne Davis, did it? Two other possible affiants that I know of would be Leola Phenix and Dolores Wagemen. If you don't feel comfortable identifying the affiant in a public forum, PM me.

[Oarman1954]

There was no affidavit at all...just a copy of the bill! So what does this mean?Thannks!

Thank you workingpoor...that will be my answer for # 1 because there is about $1000 extra tacked on for 6 months interest and fees! I appreciate the help!

[usagi555]

I am not familiar with Ohio rules of evidence, but if it is like most states, a business record must be supported by a statement that it is an authentic business record that was created during the course of normal business at or near the time the event in question occurred. The statement must be from a records custodian or another qualified person who has personal knowledge of how records are created and maintained.

Just because an affidavit isn't attached to the complaint doesn't mean that it is not filed at the courthouse, and just because an affidavit isn't filed with the courthouse doesn't mean that the attorneys don't have it or won't have it soon.

You need to learn your state's rules of evidence regarding this.

[Oarman1954]

Would you be able to tell me where I need to go to learn this? Ohio has some good info but for some reason our city and county do not have websites for any of the forms or court information.

Thanks for your help.

[BV80]

http://www.supremecourt.ohio.gov/LegalResources/Rules/evidence/evidence.pdf

[usagi555]

Would you be able to tell me where I need to go to learn this? Ohio has some good info but for some reason our city and county do not have websites for any of the forms or court information.

Thanks for your help.

Actually, you just helped me. It made me look at the my state's rules of evidence again and I found a flaw in the affidavit which disqualifies it from being admitted into evidence.

You gotta love form letters that are supposed to apply to all 50 states' rules of evidence.

[Oarman1954]

That is great news!! When I file my answer can I ask the clerk if this affidavit is on file there ? And for a copy? Thanks!

[Oarman1954]

I read the rules of evidence for Ohio and I am not sure how this is supposed to help me.

How do I answer counts 3 and 4 ?

Thanks!

Edited January 18, 2012 by Oarman1954

[workingpoor]

3. Defendant(s) is in default on this repayment obligation.

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

3. Denied. Plaintiff has provided no agreement outlining any specific repayment terms.

4. Denied. Plaintiff has not provided sufficient proof of the amount owed or even the validity of the alleged debt itself.

[nobk4me]

JBR's LIES to you about garnishing wages (that you don't have) are FDCPA violations. Did you record the call?

If not, maybe you should call them back with a recorder running.

And then contact a consumer lawyer.

[Oarman1954]

Thanks so much for the help working poor. I think that is what I need.

I am not really interested in suing anyone...I just want to get my debts settled so I do not have to worry about judgments. I now have agreements in place with all my other accounts except for this one and one more from citi that they told me just got sent over to JBR yesterday:troll:

Thanks again

[workingpoor]

I just want to get my debts settled so I do not have to worry about judgments.

What NOBK said is correct, and even though you don't want to sue, that little violation could be a powerful weapon in negotiating a settlement more in your favor.

It couldn't hurt to mention it in your settlement talks...

[KentWA]

I am not really interested in suing anyone...I just want to get my debts settled so I do not have to worry about judgments.

Many people say that without realizing that when in court you gain tremendous leverage in getting a favorable settlement if there is a viable counter claim on the table. A good defense can also include offensive tactics.

[Oarman1954]

I hadn't thought of it that way. But I really don't have any proof that she said it. I think they may record their calls but they are not going to admit that she said it so I don't know how that would help me. I wish I would have thought to record it ...but then she probably would not have said that.

Thanks for the input.

[Oarman1954]

I went to the courthouse today and looked at my file...there is no affidavit filed

I looked at some other cases and the affidavits were indeed signed by the folks you mentioned usagi555. Why is this significant?

Citi has received judgments on most every suit they have filed here, even the ones they have had answers to their summons. I am hoping if I answer that they may be more willing to settle. Does anyone have any experience with that?

[usagi555]

I went to the courthouse today and looked at my file...there is no affidavit filed

I looked at some other cases and the affidavits were indeed signed by the folks you mentioned usagi555. Why is this significant?

Citi has received judgments on most every suit they have filed here, even the ones they have had answers to their summons. I am hoping if I answer that they may be more willing to settle. Does anyone have any experience with that?

It is significant because where their affidavits are sent to is not limited to just a few states, meaning that they create most of the affidavits that Citibank uses in their complaints. Since there's only a few of them, they are not giving the level of review that the statements in the affidavits would indicate. It would take roughly 6 people averaging 250 affidavits per work day to produce enough affidavits to cover all of Citibank's credit card litigation, and it seems that there are about that many people doing exactly that. Once I have enough proof, I will be able to apply some state laws for claims against Citibank and Citicorp Credit Services Inc. (USA) on the matter.

As it stands now, I will have an uphill battle if they do produce all of the account statements. I'll need two or three different ways to argue hearsay if they do that in order to be safe. Some serious claims against them plus the fact that I am judgment proof will level the field. I'm also looking into some FCRA claims, but I don't know enough about what they have done to do anything at this time.

[Oarman1954]

Well...I have 4 cases I made copies of and with mine I will have 5 so that will be pieces of evidence you will have when you decide to strike!!! Good luck!

[usagi555]

Just out of curiosity, was either Dolores Wageman or Leola Phenix in the mix? I know they used to be semi-organic papermills, but I'm not sure if they are working there anymore.

[Oarman1954]

no...they are Abby Motley and Kristine Drews

I did see those names on some I read but I did not get copies of them...sorry

[usagi555]

Hmmmm, it looks like two more then. That gets it up to eight that I know about.

Now something has me going WTF!

Put this into the search field in google: "Kristine Drews" affidavit

It'll pop these two links up.

http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBYQFjAA&url=https%3A%2F%2Fdocsdms.pulaskiclerk.com%2FDocsDMS%2Fdefault.aspx%2F%3FA%3D%2Fck_image.present%3FDMS_ID%3D60100004635011&rct=j&q=%22Kristine%20Drews%22%20affidavit&ei=9YpMTvHDKcTViAKYkvhs&usg=AFQjCNGYGWEdj3o4q11GVzlLPKi7jcVYoA&cad=rja

http://www.google.com/url?sa=t&source=web&cd=2&ved=0CBkQFjAB&url=http%3A%2F%2Fimgweb.charlestoncounty.org%2FCMSOBView%2FService1.asmx%2FStreamDocAsPDF%3Fviewertype%3Dcms%26ctagency%3D10002%26casenumber%3D2010CP1001739%26docseq%3DP0A2&rct=j&q=%22Kristine%20Drews%22%20affidavit&ei=9YpMTvHDKcTViAKYkvhs&usg=AFQjCNFZB_6YwYV8Mo7MUrp3bKDAvZS26g&cad=rja

The links are kind of wonky, but they're links to pdfs. Two affidavits from Kristine Drews are included, and they are for Midland. You say her name was on Citibank affidavits?

Edited August 18, 2011 by usagi555

[WAforeclosurefighter]

Dos anyone have any additional information, cases, or examples of signatures for Marianne Davis. I am currently in litigation and have an affidavit that I am looking to defeat.

Thanks for any assistance you can provide.