Sign in to follow this  
metpit1

Can anyone tell me....

Recommended Posts

What i can expect at a Pre-Trial conference? I'm scheduled for one on 4/2/14. It's on a credit card debt from CitiBank in the amount of $10,100. The card company has its own lawyers representing them (not a debt buyer) as citi was listed as the plaintiff on the summons I was served. How should i prepare for this type of hearing?

Share this post


Link to post
Share on other sites

They (other party, and sometimes the court personnel) may try to strong-arm you into settling.  Hold your ground, say no to settlement, and insist on a trial.

Share this post


Link to post
Share on other sites

I hear what you are saying but I risk wage garnishment if I don't settle. The law firm had sent me a letter with 3 options. The first was to pay a one time 6500 payment on the 10100 debt> I could not do that. The second was to make 3 consecutive monthly payments of 2400. I could not do that either. The last option was to call them to make longer term payment arrangement. Someone in the forum here advised against doing this. Why do you think I should go to trial? Thanks for the help.

Share this post


Link to post
Share on other sites

@usctrojanalum

 

 

Settlement negotiations, and possibly a conference with the judge or his law clerk. Could also talk about discovery

 

Is that common for pretrial conferences in every state?  Or is it state specific?  Just wondering because, in the past, posters from other states have asked the same question.

Share this post


Link to post
Share on other sites

@usctrojanalum

 

 

 

Is that common for pretrial conferences in every state?  Or is it state specific?  Just wondering because, in the past, posters from other states have asked the same question.

 

 

it's how NY does it.  very informal, they are often call settlement conferences because they are used to basically negotiate settlements without judicial intervention.

 

Honestly, when people ask those types of questions...  They really should just be directed to go down to their local courthouse before their own court date and watch what happens from the gallery. that is the easiest way to know what is going to happen.

  • Like 2

Share this post


Link to post
Share on other sites

I just recently had mine by telephone with the judge and the lawyer.  The big push was for me to settle.  I didn't but it was very intimidating to stand my ground. 

  • Like 1

Share this post


Link to post
Share on other sites

I just recently had mine by telephone with the judge and the lawyer.  The big push was for me to settle.  I didn't but it was very intimidating to stand my ground. 

 

 

They're all bullies.. GOOD FOR U.

Share this post


Link to post
Share on other sites

Tangle....If you see this...what about the wage garnishment issue and the offers they made me...If I go to trial I could wind up paying the whole amt and with interest it could take forever...Let me know

Share this post


Link to post
Share on other sites

What to do depends on your situation, how comfortable you are with fighting in court, etc.  My personal strategy is to always fight them and make life as painful for them as possible, even if the odds are in their favor.   If you are convinced you are going to lose, then maybe a settlement you can afford is a good option.  Wage garnishment is limited to 25% of your wages.  If that's not acceptable, then negotiate what you can afford.

 

Is bankruptcy an option?  You are dealing with an OC, and Citi is usually very aggressive.

 

Has the law firm or any collection agency committed any FDCPA violations?  Is arbitration a possibility?

Share this post


Link to post
Share on other sites

This has been going on for three years for me.  I haven't ever talked to them and I really can't tell you anything about garnishment or settling.  Everyone's situation is different and you have to do what's best for you.  I decided to fight them a long time ago.  I defeated their MSJ eighteen months ago.  I just don't want to make it easy for them to take money the way they do from so many. 

Share this post


Link to post
Share on other sites

I don't want to bore anyone with my sob story but what is really botering me is this...Citi allowed me to go on a hardship plan for a year by paying 150/mo and after the years my balance came down 1000. I asked them to extend the program as my wife still was not working but they denied me. I told them I could still only afford 150/mo and they said to keep sending it in. I did and after 2 mos. my balance was up from 9000 to 9300. I felt like I was throwing money away so I stopped altogether. As we got close to the 180 days of not paying they started offering me options when I logged into my acct online. Most options i could not afford to pay. Then one day after logging in I saw an option in large red letters that said SETTELMENT. when i clicked on it the offer was for a one time 4,300 payment. I clicked agree as I was able to borrow the money. After I clicked agree I was told to call an 800#. I did so and the woman on the phone said i did not qualify for this offer. Well I was upset and stopped all communications with them.

 

Right after Thanksgiving a piece of paper was left on my doorstep (not even in an envelope or afixed to my door. It was a summons. This leads me to where I am now a Pre-Trial conference in 2 weeks. I would hate to go to court and try and defend it myself. The 4000 I borrowed is gone and I can't get a lawyer. A long term payment solution is all I can do. Wage garnishmet I believe would most likely be 10% of my check.

 

so I'm kind of stuck....go to citi lawyers and try to work out a plan....wait for the conference and see what happens....go to court and pray....

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this