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Need help, year old debts, was just served summons today


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Citibank served me today with a Summons via their legal team @ Cir, Law Offices (San Diego).

My questions are exact ally what to do based on my current position


  • Wife not employed/receiving EDD (nasty workers comp case)
    House current in early foreclosure process (Est sale date 6/15), currently trying to modify
    23k outstanding consumer debt

I have burred my head in the sand hoping my wife's income situation would change as mine has improved in the last 2 months. I need to form a solid counter attack plan and could really use some assistance fighting these people off until our housing situation is cleared up, or i can work on the debt settlement stratifies outlined on the site.

Based on rather generic summons, i am being accused of the following

Breach of Contract and Common Counts

1ST CAUSE OF ACTION

Breach of Written Agreement (no date on the summons)

Listed the "Essential terms of the agreement"

Defendant(s) are indebted to plaintiff for credit card charges though purchases/cash advances/and/or monies loaned and received and furnished to the defendant(s)

Breach by Following Acts "Date listed is end of CC billing cycle

Defendant failed to make payment on the account as agreed. Plaintiff made a demand for payment of monies owed but defendant has refused to pay plaintiff.

Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement (Check box) as follows (Specify)

"See complaint prayer above"

2nd CAUSE OF ACTION

Plaintiff alleges that defendant became indebted to plaintiff,

within (check box) Last 4 years,

(check box) on an open book account for money due

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

(check box) for goods, wares, and merchandise sold and delivered to the defendant and for which defendant promised to pay plaintiff

(check box) sum of $ 3k

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

$3000, which is the reasonable value, is due and unpaid despite plaintiffs demand.

I did not start the DV process (slaps head), however based on creditinfocenter.com/legal/ive-been-sued.shtml]Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

My draft reply

Citibank N.A. vs. Name

Case # ################

Defendant's Answer to Complaint

1st Cause of Action/Allegation DENY: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning "written agreement" and "alleged breach of the agreement"

Or would it be better to Admit in part about the account with Citi and deny that in part, I have been presented no evidence that the account i had with Citi is the same account as the debt alleged in this complaint?

2nd Cause of Action/Allegation DENY: This request calls for admission of matter defendant has denied and thus it is improper

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

AS AND FOR AFFIRMATIVE DEFENSES

1. Plaintiff fails to state a cause of action against the defendant.

2. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.

3. The court would unjustly enrich the plaintiff by granting the relief sought herein.

4. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

Once I send that to the court and their office, is reply to the court and the plaintiff legal firm with a discovery letter/?

Since its past the typical 30 day DV window, do i still send DV letters to all the collections agencies that have contacted myself and Wells (LOC) that is contacting my wife?

1. Who is the named plaintiff in the suit?

Citibank N.A

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Cir Law Offices (San Diego)

3. How much are you being sued for?

3,370

4. Who is the original creditor? (if not the Plaintiff)

Citibank NA

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state?

I believe so

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Several demand letters from CIR, one phone call to them on my part

9. What state and county do you live in?

Sacramento, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

early 2011

11. What is the SOL on the debt? To find out:

4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Summons was sent

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Not yet

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No =\

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

Suit filed April 3, served April 14th.. right before family came over for my daughters birthday party.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Form letter with check boxes (See above)

17. Read this article:

Edited by JK916
title change
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For the foreclosure I would send a RESPA letter. we have one here:

http://www.creditinfocenter.com/forums/there-lawyer-house/311198-help-filing-response-summons-procedures.html

and for the answer your response looks like an interrogatory response here is an answer template on pleading paper:

http://www.creditinfocenter.com/forums/there-lawyer-house/312479-posting-answer-california.html

use the numered paragraphs and pick the appropriate response. admission of any of that stuff = toast.

You seem to have some time. so think about the RESPA if they are threatening foreclosure they are going to string out the modification process and use the time to get the documents made up and pretty for court, the RESPA makes them show their illegal fees and bad records stuff to you and would help in making counter claims in the foreclosure proceeding.

Methuss is the expert on RESPA, Calawyer is expert in all things Bill of Particulars(CCP454)(you are going to want to send one of those on Monday to the debt collection attorney)

and look into the possibility of demurrer for the debt action and the foreclosure(maybe make some of the causes of action go away)We have many members who have won some who have lost but with the help and support here we can make this easier to possibly win.

Welcome to the board your wife should be on here also she may need to be up to speed also. It would be best if both of you post and allay your fears.

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Wife not employed/receiving EDD (nasty workers comp case)

House current in early foreclosure process (Est sale date 6/15), currently trying to modify

23k outstanding consumer debt

Short answer from Citi: "We don't care."

Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning "written agreement" and "alleged breach of the agreement"

Improper, this is a complaint, you either admit or deny, no objection allowed

Breach of Contract

I believe they are required to attach a contract if they use this. At any rate, send them a Bill of Particulars. I think this is CCP454. It applies, don't let them say it doesn't.

Lose the affirmative defenses, they are either improper or not even defenses.

You may want to go for arbitration via the cardholder agreement, that may get rid of this, pretty expensive for them. Otherwise, we can show you how to torture them to the point where they will give up. USAGI555 and myself just LOVE Citibank.

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Wife not employed/NOTreceiving EDD (nasty workers comp case)

House current in early foreclosure process (Est sale date 6/15), currently trying to modify

23k outstanding consumer debt

Short answer from Citi: "We don't care."

Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning "written agreement" and "alleged breach of the agreement"

Improper, this is a complaint, you either admit or deny, no objection allowed

Breach of Contract

I believe they are required to attach a contract if they use this. At any rate, send them a Bill of Particulars. I think this is CCP454. It applies, don't let them say it doesn't.

Lose the affirmative defenses, they are either improper or not even defenses.

You may want to go for arbitration via the cardholder agreement, that may get rid of this, pretty expensive for them. Otherwise, we can show you how to torture them to the point where they will give up. USAGI555 and myself just LOVE Citibank.

I would love to torture Citibank, they are my favorite people right next to Amex and Wells Fargo :)

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I am sending in a general denial form From PLD-050

I have box 1 completed with my name in it, for box 2 affirmative defenses, should i list any at all in inside of it or leave that blank and send the BOP over?

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I think defenses are premature. There should be some way to preserve the right to list them at a later time after the case develops a bit. My fave is to serve them with document requests, followed by admissions covering what they do not produce. Depending on the responses you get, a counterclaim could follow. You really have to know your stuff to do this. Some of the law and theory is very complicated. They do have a habit of sticking their foot in their mouth when they answer discovery. That's what you have to hope for.

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Thank you everyone for chiming in, my wife and I are very thankful that we found this forum.

Below is a repcap and my action plan, please chime in if i have missed something.

DV letters went out to everyone who claims I am in debt to, an additional round of letters will go out in 30 days with claims against the CRA's for the marks on my credit.

Summons: I have completed a PLD-050 general denial, 2 copies will be sent CRR. Under affirmative defenses i have the following:

"Plaintiff has not provided one piece of evidence on which to bring this case bearing their burden of proof. No documents, no card holder agreements or signed contracts. Their complaint is unfounded and erroneous in full. "

I have seen 2 separate trains of thought on the affirmative defense, one to hit them with a bunch of stuff, another to leave it blank and fight it in court. Guidance is very much needed.

Reply to the court along with a check for #225 :(

Copy to the Law office.

Additionally I the following BOP letter that will be dropped in the mail the same day,

To PLAINTIFF CITIBANK, N/A and CIR, Law Offices, LLP attorneys of record herein: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant NAME within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods, wares, merchandise sold and delivered of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, all payments or credits that have been made to the account and any agreement assigning the account at issue to the plaintiff.

Dated: April 20th, 2012

DEFENDANT

Name

Once the BOP is sent, this is where I get confused at (I'm a computer guy not a lawyer). Do i need to send a discovery request to the court and the law offices or does the BOP start that process?

Im happy to fight them as long as possible until i can get the case discharged or settle it. I have a few other accounts that are getting close to this stage and hopefully I can push to settle or fight the case in the courts.

If anyone is available for a 15 minute phone call, i would be very much in yur debt :)

Thanks and have a great weekend

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$145?

I think it's $225 for <$10K

$370 for $10K to $25K

$395 for >$25K

Sorry.

DH

gosh, I'm glad I didn't have to pay to file an answer. In fact, they photocopied my answer for me, notarized and paid for the postage to the plaintiff - all without costing me a dime.

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