metpit1

Pre Trial Conference....Now what? New York State

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I was sued by CitiBank  a while back for a $10,000 credit card debt. The credit card company is being represented by Rubin & Rothman law firm out of Long Island. I live about 160 miles north is Albany. I was left a summons on my doorstep which was not in an envelope or fixed to my door. I answered the summons and denyed 4/6 complaints. Following my answer Citibanks lawyers and I recieved a letter stating we had 60 days to file any motions in the case. None were filed. Shortly after this The law firm sent me a letter regarding settlement. Since it was tax refund time the assumed I was getting some money as their letter read " Make every refund cent count"

 

The options they offered me included a lump sum payment of $6,200 (which I could not do)  or make 3 consecutive monthly payments of $2,700 (which I could not do) or to call them to make long term arangements. I have yet to call as I do not know the best thing to do.

 

The court sent another letter on 3/1/14 stating that no motions were filed and therfore a Pre-Trial conference is scheduled for 4/3/14 at 11am. Should I wait until then to talk about a payment plan or shoul I contact them now. I do not have my own attorny. Any advice ? Thanks...

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It still will be helpful to answer the questions I posted. A lot of the information in the answers will help others help you. Without knowing the details and the others involved its harder to give more than a generic answer, which may not be as helpful. 

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  • 1. Who is the named plaintiff in the suit?    (CitiBank)

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

    3. How much are you being sued for?( $10,200)

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

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

    6. How were you served? (Mail, In person, Notice on door) (Left on my doorstep but not in envelope or afixed to my door)

    7. Was the service legal as required by your state?( I assume so but not sure with the way it was left)

    8. What was your correspondence (if any) with the people suing you before you think you were being sued? (None)

    9. What state and county do you live in?( NY ...Albany)

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) (Close to a year but I believe they are within the limitations)

    11. What is the SOL on the debt?( I think 4 yrs)

    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). (No motions filed...Pre Trial conference scheduled for 4/3/14)

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)( No...Long story here so I'll just say no)

    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 I did not)

    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?(No interrogatory questionnaire....6 claims against me...1)Defendant resides in county which action is brought. 2) Plaintiff is a national bank in South Dakota. 3)Defendant used a credit card issued by plaintiff and agreed to make payments for goods and services charged and/or cash advances made upon such card.  4) defendant failed to make payments pursuant to such agreement and 10,155 is now due and owing to plaintiff from defendant. 5) Defendent accepted plaintiffs statements without objection. 6) By reason thereof an acct was stated between plaintiff and defendant. I denied claims 3-6 in answer to summons.

    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.( None )

     

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I'm looking to make a payment arangement on the lump sum settllement they offered. Is this something I should wait for the pre-trial conference to negotiate or should I call them. I guess I'm confused as to how to proceed.

I don't want to bore anyone but this started after my wife was laid off of work a couple years ago. I told Citi the situation and they agreed to put me on a program for a year whereby I paid them $150.00/month on my $10000 bill. After the year was completed my balance was down to $9,000. However my wife was still not working. I asked Citi to extend the plan but they denied my request. I told them I could only afford to send the $150 I had been sending and they said to do so. However, after 2 months of doing so my balance went up to 9450...I felt that I was just throwing money away so I stopped the payments all together. Of course after the numerous calls from the card company I started getting offers from them to make various payment arrangements. Finally one day when I logged onto my acct I saw in big red letters SETTLEMENT OFFER. I clicked on the offer and it was for a onetime payment of $4,000. I was able to get the money at the time and so I clicked agree to the terms of the settlement. However, after I clicked agree I was directed to call an 800#. After I did I was told I did not qualify for the offer. This of course made me upset and I never sent anymore monet to them.

 

This is where I am today with a Pre-Trial conference being scheduled for 4/3/14. So I'm just looking for any advice. I know in NY my wages can be garnished but I thingk just at 10%. I would like to avoid this but I think I could manage if it came to that.

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Do you have alot of other debt? Would BK 7 or BK 13 be a viable option for you?  It being the original Creditor, they may have all the necessary paperwork to get a judgement against you, and you would be garnished forever with a debt that size, as it will keep growing with the statuatory interest they will no doubt add to it.  You could call and offer 50% which they may take, but they would probably only take it in one lump payment.  I don't know your rules of civil procedure for NY, but in my state if they did not send me any disclosure, or what they planned to use against me in court, then I could object at trial and it could not be used against me at trial.  No evidence against me, no win for them.  If they didn't send you anything, you should read your rules to see what the requirments are for your state.

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