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


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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.

Shayna Gier is also an affiant for Citibank/CCSI. Google her and look for her "I'm just your average girl" blog. As painful as it is to read the blog of some girl in her early 20s who is about to get married, read it. She also talks about her work. It's a couple of years old, but I was willing to bet that the terms and rules that they work under are at the least, very similar.

Here is a link to some discovery requests that I used:

http://www.creditinfocenter.com/forums/there-lawyer-house/310127-discovery-requests-citibank.html

Some of those were based on Shayna Gier's blog. While unconfirmed, rumor has it that she no longer works for CCSI.

I think one point here is that you need to be willing to go to the wall with some of those requests. At some point, if you get a judge that compels answers, it's going to be bad for the law firm hired by Crappybank and Crappybank itself.

If that's not good enough, I can provide a fairly complete list of affiants for Crappybank. If one quit or was fired recently, you might see if you can set up a telephonic deposition with that person.

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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.

The Charleston County, SC court posts documents online. On the search page, enter "Citibank", some dates, and search. When the list comes up, click on a case, then click on "actions". You can then pick a document to view. The summons and complaint will include the affidavits.

Public Index Search

Here's a couple of complaints with affidavits signed by Davis:

http://imgweb.charlestoncounty.org/CMSOBView/Service1.asmx/StreamDocAsPDF?viewertype=cms&ctagency=10002&casenumber=2011CP1004840&docseq=P1A1

http://imgweb.charlestoncounty.org/CMSOBView/Service1.asmx/StreamDocAsPDF?viewertype=cms&ctagency=10002&casenumber=2011CP1005750&docseq=P1A1

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  • 9 months later...

Hey usagi555,

I am being sued by citibank and in their complaint they indeed used an affidavit signed by Marianne Davis. What is the significance of this? I have answered, we've had discovery, they filed MSJ, I have 15 days to respond now. Is there something about this person I should know?

Thanks

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Hey usagi555,

I am being sued by citibank and in their complaint they indeed used an affidavit signed by Marianne Davis. What is the significance of this? I have answered, we've had discovery, they filed MSJ, I have 15 days to respond now. Is there something about this person I should know?

Thanks

She is a robo-signer. If you can still send discovery requests, you really need to start digging into how many affidavits she produces in a month, and produced in the month that your affidavit was signed. I bet it was well over 3,000 ;)

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Memorandum in Opposition to the Motion for Summary Judgment | Selina Kyle v. Thomas Wayne; and Wayne Enterprises, L.L.C., d/b/a Grayson's Tavern | Michael Gumprecht - JDSupra

Here's one for US District Court, the format should be acceptable in Superior Court. They all look pretty much the same, just change this to suit your needs.

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I have to file a response to citibank's MSJ. I'm not sure how to do it. But they have not answered most ROG's and admissions. They have sent a bunch of statements. Can I use this as a basis for my response?

Also,

Below are Affiant Interrogatories I have sent to them and got no response.

Also please provide answers to Affiant Interrogatories:

INTERROGATORY NO. 1: Please explain and define the term “Authorized Agent.” Please identify the scope of the authority and responsibilities conveyed by this title?

ANSWER:

INTERROGATORY NO. 2: Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles.

ANSWER:

INTERROGATORY NO. 3: Please identify your employer of record as evidenced by the entity that issues your paycheck. Please explain who has authorized you to make the affidavit and who has requested the affidavit that was provided and the dates of those requests.

ANSWER:

INTERROGATORY NO. 4: Do you personally enter information into the fields in the software to generate the affidavit or do you simply pick up the pre printed affidavits to sign. Please explain the process in detail.

ANSWER:

INTERROGATORY NO. 5: How many affidavits do you prepare and sign in a normal workday? How many Affidavits did you sign on January 5, 2012.

ANSWER:

INTERROGATORY NO. 6: Do you have authorized access to original documents within Citibank N.A.? Identify the person(s) who conferred that authorization upon you.

ANSWER:

INTERROGATORY NO. 7: Did you as the Affiant physically retrieve the records which you have provided as evidence? Please explain how you access documents used in verification and preparation of the affidavit.

ANSWER:

INTERROGATORY NO. 8: For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

ANSWER:

INTERROGATORY NO. 9: Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered.

ANSWER:

INTERROGATORY NO. 10: For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document.

ANSWER:

INTERROGATORY NO. 11: Please identify what documents were provided directly by you in addition to the affidavit and the dates those documents were provided. Did you attach the aforementioned documents to the affidavit?

ANSWER:

INTERROGATORY NO. 12: Please identify how the affiant came to know the facts included in the affidavit, how the affiant knows the documents attached to the affidavit are authentic and/or admissible under the business records rule.

ANSWER:

INTERROGATORY NO. 13: Please explain the process and procedure to access the records used to verify the accounts you provide affidavits for. Where are these documents kept in relation to the location of your office? Are files brought to you or do you have to retrieve them yourself?

ANSWER:

INTERROGATORY NO. 14: How often have you discovered errors while reviewing records and do you correct errors when discovered? If you do not correct them please identify the process for the correction of errors.

ANSWER:

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It's their witness, they should bring her to court. Otherwise, you have to put the affidavit in the witness chair and start asking it questions. That aside, read your state laws concerning evidence, look for business records and what makes them admissible. You will probably have to formally challenge the affidavit beforehand, maybe with a motion of some sort, that sets the foundation. You don't want to get into depositions, it would cost more than the alleged debt. See if your state allows a depostion by written question. That's cheaper. Better than nothing, otherwise wait for her to show up in court. What would you ask her if she were sitting in front of you?

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Oh, I just looked at your interrogatories. You should not have sent this, you cannot send rogs to someone who is not a party to the suit. (you and the plaintiff) They are under no obligation to respond. Your "suspicion" that MD is a robo signer is conjecture and speculation unsupported by any facts or evidence. (that's what you'll hear in oral argument) You need to show the court that there is a material fact in dispute that requires a decision by either the court or a jury.

A long shot, but you could call into question the trustworthiness of the affidavit. Tell the court you would like time to depose the affiant because you have serious doubts that she ever even looked at your records, hence she could have no personal knowledge of them.

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Oh, I just looked at your interrogatories. You should not have sent this, you cannot send rogs to someone who is not a party to the suit. (you and the plaintiff) They are under no obligation to respond. Your "suspicion" that MD is a robo signer is conjecture and speculation unsupported by any facts or evidence. (that's what you'll hear in oral argument) You need to show the court that there is a material fact in dispute that requires a decision by either the court or a jury.

A long shot, but you could call into question the trustworthiness of the affidavit. Tell the court you would like time to depose the affiant because you have serious doubts that she ever even looked at your records, hence she could have no personal knowledge of them.

The problem with that is that Citibank is not going to make the affiant available, and getting a subpoena that is enforceable in MO is a royal PITA. My understanding of the process that MO requires you to file a miscellaneous civil action in its court system and convince the judge that you have a good reason to depose MO citizens.

EDIT: This thread has some of the discovery requests that I sent Citibank:

http://www.creditinfocenter.com/forums/there-lawyer-house/310127-discovery-requests-citibank.html

Edited by usagi555
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Subpoenas are also expensive, so are depositions. Some states require that they only be conducted by an attorney or officer of the court, not a pro se. And you have to hire a court reporter. Can't get a good look at the MO rules, their system on line is awful.

Yup. You have to have the person properly served. A court reporter is going to probably cost you somewhere between $700 and $900 for an all day deposition, and that's not counting getting the video if it was a video deposition and the transcripts. Figure another $300-$400 to get the transcripts from an all day depo. Then, if as you said, you are in a state that does not allow pro se litigants to run a depo, add another $200/hr, give or take onto all of that. On top of that, if the deponent wishes to be compensated for the loss of wages or whatever, you may have to pay that too. Then there's travel costs, both yours, and often you will have to pay the deponent's way to where ever the depo is being held.

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Yup. You have to have the person properly served. A court reporter is going to probably cost you somewhere between $700 and $900 for an all day deposition, and that's not counting getting the video if it was a video deposition and the transcripts. Figure another $300-$400 to get the transcripts from an all day depo. Then, if as you said, you are in a state that does not allow pro se litigants to run a depo, add another $200/hr, give or take onto all of that. On top of that, if the deponent wishes to be compensated for the loss of wages or whatever, you may have to pay that too. Then there's travel costs, both yours, and often you will have to pay the deponent's way to where ever the depo is being held.

In arbitration these costs are borne by the big bank's terms and conditions of the arbitration provision. And if you don't like the arbitrator's decision then by all means go to a three panel arbitrator, courtesy of Citi bank.

One motion filed in arbitration will cost more than one court deposition. Just do the math, $500 is average some arbitrator's hourly rates are much higher X how many billed hour to read and rule on a motion= priceless.

Oh, you can depo pro se !:)

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