metpit1

Pre Trial Conference....Now what?

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I was sued by CitiBank a while back for a $10,000 credit card debt. The card company is represented by the law firm Rubin&Rothman out of Long Island Ny. I live about 160 mile north in Albany NY. I answered the summons denying 4 of the 6 complaints. Following my answer both their law firm and I recieved a letter from the court stating we had 60 days to file any motions. None were filed. Right after this I got a letter from Rubin&Rothman regarding settlement. Since it was tax refund time they must believe I'm getting some money as the letter they sent stated "make every refund cent count".

 

The offer was to pay About $6200 in a lump sum (which I could not do), The second option was to make 3 monthly payments of $2500 (which I could not do). The last option was for me to call them to make a longer term payment plan. I have yet to call as I don't know the best thing to do.

Saturday 3/1/14 I recieved a letter from the court stating that we are to appear April 2nd at 11am for a Pre-Trial conference.  

 

Should I wait for this date to discuss settlement or call them. I do not have my own attorny. Any advice would be helpful. Thx

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Without knowing the details of you situation its really hard to answer. Just remember once you start paying them that it resets the SOL. 

 

Since you are being sued I would move this thread over to "is their a lawyer in the house". You also might want to add NY to the title. Then answer these questions leaving out personal info and round off all numbers.

 

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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

9. What state and county do you live in?

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

11. What is the SOL on the debt? 

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

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

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.

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? 

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

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