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cruzermomof3

I'm being sued by JDB (cach,llc) and Michael J. Scott for a debt that is not mine.

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So  I come home yesterday to find a large ziplock baggie duct taped to my front door. For all to see, there is Motion for Substitute Service. The Plaintiff being Cach,LLC  represented by attorney Michael J. Scott. Apparently they felt it necessary to have motion granted to have the papers taped to my door due to previous failed attempts to serve me. This is new to me as I have never heard of either one of these parties before yesterday.nor have I heard FROM them before yesterday.

The next page is the Civil Citation dated back on April 3, 2013 which states that I defaulted on a credit account in the amount of $4,049.49.  I have til 10:00 am on the Monday next after the expiration of 10 days from the date of service to appear and file a WRITTEN ANSWER. What's interesting is that this citation still has the officer's return still attached. When I checked the county website it shows unserved for the original date of April 3, 2013. Then it shows the new date of August 15, 2013 where they filed to have the papers taped to my door. The next set of papers are the Plaintiff's Original Petition in which Cach,LLC intends to conduct a discovery, seek to recover damages and try to prove that I owned a CITICORP TRUST BANK account with account numbers ending in 0694 which has a balance of $4,049.94 and accrued interest of $1,071.47 which continues to accrue at the rate of 28.0%. They seek damages of $5,121.41 plus more interest. (I kinda find that odd...didn't they already include interest and are just tacking on more interest for the heck of it?) Then finally comes the REQUEST FOR ADMISSIONS.

Now the meat of it...........I don't have or have had an account with Citicorp!!!!!!  I even checked all 3 credit bureaus and there is nothing listed on my credit report for Citicorp or Citibank...I got nothing. I have not received any correspondence from CACH either.I have not had any credit card statements from Citicorp, nor have I received any proof of this debt from CACH or MIchael Scott. I'm completely freaked out. Any help or advice would be an answered prayer. This has been the worst year for me. ::drowning:: 

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It wouldn't surprise me if they've served the wrong person but is it possible that you had an account with another bank and Citicorp purchased it?

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This case is a consumer protection lawyers dream. You will want to contact one immediately. You will want to file your answer to the complaint and deny everything in a timely manner so it won't additionally go to a default judgment.  You can get the help you need on this CIC Forum if you want to do it yourself or have a local defense attorney take it on contingency.

 

Go online and file a complaint with the Attorney General and call their offices. Texas AG has been very active in fighting Junk Debt Buyers filing frivolous law suits. This should be of major interest to them.

 

HP

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Spikey..thank you for the comment. I do not have or have had a debt with that large of an amount listed on my credit reports except for my car which of course is not default. Nor is there anything listed under Citibank/Citicorp....just Cach which is a JDB and obvious scammer.

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HP....thank you for the advice.  I will most likely have to represent myself.....I'm a single mom, full-time student and barely making ends meet. But I guess it wouldn't hurt to try to find someone to represent me if they can get the other side to pay the fees incurred.

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If there is a FDCPA violation here, you can probably get an attorney to help you on contingency.

 

And, is it possible you had a store card issued by Citi, like Sears or Home Depot?

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Ok so I figured out something.....I try to keep records of any accounts that I have. Due to divorce, loss of job etc etc  I did find an account that I had to default on that did have the same last 4 numbers that I'm being sued for. However, the OC was GEmoney card not Citibank. Cach,LLC says the OC was Citibank. I never received any letters for debt recovery from CACH,LLC....all I received was one letter from Michael J. Scott stating he was trying to collect on a debt from Cititbank. Any suggestions on how to proceed?

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File your answer and deny everything - even though this may not be your debt, they are of the opinion it is. If you don't answer, they will get a default and could really come after you...

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