Sued by The Moore Law Group for Citibank Summons-CA

[skmcc]

1. Who is suing you? Citibank, N.A.

2. For how much? $9000+(Under $10,000)

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Was served summons

5. How were you served? Were you served? In person at my home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter warning of a suit giving us time to dispute or request verification of debt (30 days)

7. Where do you live? California

8. When is the last time you paid on this account? 2010

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). Has a case number, says summons issued, case assigned.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

11. Did you request debt validate ion before the suit was filed? If not, don't bother doing this now. No.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I did not receive and interrogatory. Only a complaint and summons was received. The Complaint has one (the first and only) cause of action attachment:

Plaintiff:Citibank,N.A.

alleged defendant : (my name)

became indebted to plaintiff

a: within the last four years

(1) an open book account for money due

(2) because account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

b: within the last four years

(4) for money lent by plaintiff to defendant at defendant's request

(5) for money paid, laid out, and expected to or for defendant at defendant's special insistence and request

This cause of action related to the CITI MASTERCARD credit card issued by Plaintiff having account number xxxxxxxxx(lists last 4 digits)

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Just an alternative dispute resolution information package.

14. What is the SOL on the debt? 4 years

Unsure as to which form to respond with, was thinking of using PLD-050 General Denial? I am trying to read up on a lot of other threads now....So glad I found this fourm! I have to file my answer by the end of this week. Anyone else in CA delt with The Moore Law Group,just curious.

[skmcc]

Curious, the plantiff listed Cause of action as Common counts? Sorry for an obvious question... but huh?

I'm trying to list what my affirmative Defenses should be but dont want to list just anything without understanding. Any help would greatly be appreciated.

[skmcc]

Seems the more I read the more confused I'm getting. I'm filing a general denial, I dont want to put the wrong affirmative defenses. Any direction would be appreciated in advance as I want to file this answer tomorrow.

[Scientific]

For affirmative defenses you can start here:

Affirmative Defenses Debt Lawsuits Collections Debt Attorneys

Be sure to send a copy of your answer with proof of service to the plaintiff. Then you can start getting your demand for bill of particulars ready and send that out ASAP.

Then you can wait to see what you get, if anything, in response to the BOP.

Good luck!

[Seadragon]

you should anser using some of the answers on here under search term answer.

[skmcc]

Thanks for the tips guys, I understand using the General Denial states only if under $1000, however I also read you can use if its not verfified, which mine is not. Can someone confirm?

[bad98roadster]

Thanks for the tips guys, I understand using the General Denial states only if under $1000, however I also read you can use if its not verfified, which mine is not. Can someone confirm?

You are correct.

If you don't have a page attached to the complaint that is a verification page, signed under the penalty of perjury, then you can use the form on the state's website for general denial.

If it were me, I'd study the arbitration threads here too. There are many, so take your time and read through them. Here's a recent one:http://www.creditinfocenter.com/forums/arbitration/308498-what-steps-arbitration.html

In lieu of an answer, you can petition to compel private arbitration. See - California Code of Civil Procedure Section 1281.7 - California Attorney Resources - California Laws

And see - California Code of Civil Procedure Section 1281.2 - California Attorney Resources - California Laws

In California, if you bring your dispute to private arbitration, the other side may not pass on any of their legal expenses or attorney fees to you if you lose. See - California Code of Civil Procedure Section 1284.3 - California Attorney Resources - California Laws

California Code of Civil Procedure Section 1281.7

A petition pursuant to Section 1281.2 may be filed in lieu

of filing an answer to a complaint. The petitioning defendant shall

have 15 days after any denial of the petition to plead to the

complaint.

Do you have violations against Citi or against Moore?

[skmcc]

Thanks bad98roadster,

No violations that I can find so far. I'm trying to stop the bleeding so to speak and buy some time, hoping something comes of it.

I'm going to read up on the arbitration peice, in your opinion why would that be better?

Thanks again.

[bad98roadster]

Thanks bad98roadster,

No violations that I can find so far. I'm trying to stop the bleeding so to speak and buy some time, hoping something comes of it.

I'm going to read up on the arbitration piece, in your opinion why would that be better?

Thanks again.

It's expensive for Citi to privately arbitrate. It may prompt them to settle with you.

You control the pace of the case by filing the petition.

You set the hearing date with the court because it's your motion.

Example:

-9/1/2011 You get served or you discover the summons online.

-9/2 You call the clerk and schedule a hearing date on or around 11/30/2011.

-between 9/2 - 9/20 You draft the notice of motion, the motion, and your declaration (which states they are refusing to arbitrate).

-9/3 you apply to JAMS(which requires you to notify Citi)

-9/3 mail by CMRRR/email and fax a letter to attorney stating you elect arbitration and demand that they do not serve you(if you haven't been served already).

. *Probably your notice goes unanswered or they deny your request.

. *That gives you a violation against Citi and their attorney

-9/10 you mail by CMRRR/email and fax a letter to attorney re-stating you elect arbitration and demanding they dismiss the case.

-9/25 you file your petition (which satisfies your requirement to "answer" the complaint)

-Then you wait for the hearing date.

-They will probably oppose your motion on the 11th court day before the hearing date. (this costs them money to deal with you and it's another violation for you to claim against them.)

-you will reply to their opposition.

Even if the Judge denies your petition, you have 15 days from the hearing date to file your answer. So in the example above, you'd finally answer on 12/15/2011.

You did say you were trying to buy some time, right?

If the court grants your motion, Citi will be under court order to arbitrate. It's expensive, so Citi may be willing to settle before having to pay the arbitration fees.

What's your risk in California? Citi can't recover arbitration or attorney fees if you lose in arbitration according to 1284.3. You'll be responsible to pay attorney fees and court costs if you lose in court.

On the other hand...

The advice you'll get on this board would help you defeat Citi at trial in court (or get a settlement), if you decide go that route. There are many here who have done it before including some California experts like calawyer, Seadragon, skippy1960, rikkivs, and many more.

Good luck with your case!

[skmcc]

One question though, my answer techinically needs filing by 9/2. Given the timing can I still accomplish everything you mentioned?

[bad98roadster]

Yes

Most important thing is to file something on the 9/2.

You can file a denial or file a petition.

If you file a denial, you can petition afterwards if you choose.

If it were me, I'd phone the attorney on the other side first thing Monday and verbally tell him I elect arbitration, then follow up with written correspondence whether you get him on the phone or not. Send it next day mail Fed Ex or whatever.

I'd the ask the attorney to stipulate to an extension of time for answering the complaint. (He probably won't agree)

I'd call the court clerk tomorrow and get a hearing date around 12/1.

I'd draft the notice, the motion and the declaration, then file it on 9/2.

You can use my example, just adjust the dates to fit your timing.

Remember, whatever you file, you can amend if you need to. I wouldn't miss any filing dates.

[skmcc]

OK,

#1. called court got a hearing date.

#2. Drafting the notice to OC lawyer but would like further info on what to say... Is it as simple as saying ""Pursuant to the Card Agreement I elect arbitration to resolve our differences/claims. Please dismiss your suit." ?? Anything else missing?? Do I put the hearing date on this letter I just got for my MTC? Do I need Proof of Service for this as well?

#3. I'm Also Ready to File MTCA in court (To satisfy as my answer to complaint). Does it make a difference that I will be filing it the same day as notifying the lawyer of my election?

#4. Should I initiate it myself? The card agreement states AAA or JAMS, should I wait?

Sorry for all the questions. I actually have a few more for my actual MTCA. Would love an opinion from someone with California knowledge, let me know and I'll get it out somehow.

Thanks in advance

[skmcc]

Bump:)

[bad98roadster]

Sent you a PM

[1stStep]

Who initiates is dependent on what is in the agreement...

[skmcc]

Appreciate the helpful guidance sir.

[skmcc]

Update:

Sent notice of MTC and Filed my Motion to compel Arbitration with court a week ago (On Fri b4 holiday weekend), I sent copy of Motion and POS out on Tue, seems also Tue the plantiffs lawyer filed an entry of default. Do I need to do anything else?

[1stStep]

Did you actually file an answer? If you did, the clerk will reject their petition for default.

[skmcc]

Filing the motion to Compel Arbitration was my answer. So yes.

[1stStep]

Not going to work...you did not file the answer.

You replied with a motion. I hate to say it, but they will probably get the default.

You might want to use the PLD-010 (?) form and go and file it on Monday - explain to the clerk that you filed in the wrong order. They may let you do it...

[bad98roadster]

Not going to work...you did not file the answer.

You replied with a motion. I hate to say it, but they will probably get the default.

You might want to use the PLD-010 (?) form and go and file it on Monday - explain to the clerk that you filed in the wrong order. They may let you do it...

1stStep, I mean no disrespect to you. Your post is in error according to California Code of Civil Procedure Section 1281.7.

I have personally used a petition in this exact circumstance.

California Code of Civil Procedure Section 1281.7

A petition pursuant to Section 1281.2 may be filed in lieu

of filing an answer to a complaint. The petitioning defendant shall

have 15 days after any denial of the petition to plead to the

complaint.

California Code of Civil Procedure Section 1281.2

On petition of a party to an arbitration agreement alleging

the existence of a written agreement to arbitrate a controversy and

that a party thereto refuses to arbitrate such controversy, the court

shall order the petitioner and the respondent to arbitrate the

controversy if it determines that an agreement to arbitrate the

controversy exists, unless it determines that...

[skmcc]

I thought I followed to the tee, Now I'm confused. Anyone with California experience care to chime in?

Edited September 11, 2011 by skmcc

[1stStep]

Ok... then the law firm may just be following their SOP. No answer and automatically file for default.