Jump to content

Does Citibank Keep Good Records?


AJ
 Share

Recommended Posts

When Citibank charges off a debt, and decides to sue, or decides to sell the debt, are there good records/documents that are passed along, such as the necessary proof a consumer owes the debt? Perhaps a consumer's personal info and signature? The account was opened in 2009.

Link to comment
Share on other sites

When Citibank charges off a debt, and decides to sue, or decides to sell the debt, are there good records/documents that are passed along, such as the necessary proof a consumer owes the debt? Perhaps a consumer's personal info and signature? The account was opened in 2009.

When was the last payment made to this account? Have you received any collection notices/ calls?

Link to comment
Share on other sites

When Citibank charges off a debt, and decides to sue, or decides to sell the debt, are there good records/documents that are passed along, such as the necessary proof a consumer owes the debt? Perhaps a consumer's personal info and signature? The account was opened in 2009.

 

Unfortunately this is a subjective question that does not have a one size fits all answer.  Whether they keep "good" records or not depends on what kind of records your court requires to prove the elements of a case if you are sued.  Some are quite rigid and want a lot of documentation others are not.

 

In the internet era of online applications most courts do not require a Defendant's signature on an application or charge slip to prove a debt case.  That is a myth that will not die.  One reason many debt cases that are defended fail is because the Plaintiff comes with no records and only a couple of self serving mass produced affidavits which do not prove anything.  

Link to comment
Share on other sites

If Citibank is the OC, and sues you, they are very aggressive, and they will have statements going back years - but not before 2000, in my case (sued in 2009).  They will have a witness at the trial.

 

If Citibank sells off to a JDB, I am not sure how much the JDB gets.  I think it may be the JDB's option whether to buy documentation from the OC.

Link to comment
Share on other sites

If Citibank is the OC, and sues you, they are very aggressive, and they will have statements going back years - but not before 2000, in my case (sued in 2009).  They will have a witness at the trial.

 

If Citibank sells off to a JDB, I am not sure how much the JDB gets.  I think it may be the JDB's option whether to buy documentation from the OC.

Wow! nine years worth of records. That's thorough. It took them that long to sue you?

Link to comment
Share on other sites

Wow! nine years worth of records. That's thorough. It took them that long to sue you?

 

Charge off was in 2008, so it wasn't long at all.

 

And, I would clarify:  if the Citibank account is a retail store card, like Sears or Home Depot, it is very likely to be sold to a JDB after charge off.  A regular Citi card, they are more likely to retain owneship and sue. 

Link to comment
Share on other sites

Charge off was in 2008, so it wasn't long at all.

 

And, I would clarify:  if the Citibank account is a retail store card, like Sears or Home Depot, it is very likely to be sold to a JDB after charge off.  A regular Citi card, they are more likely to retain owneship and sue. 

Pardon me for asking... Was it a store card or a bank card? Relatively high balance?

Link to comment
Share on other sites

...

In the internet era of online applications most courts do not require a Defendant's signature on an application or charge slip to prove a debt case.  That is a myth that will not die. ...

I would guess the main reason why that "myth" won't die is due to the states that lack controlling case law (based on statute) that exempts credit card debt from that particular state's statute of frauds.

 

Even in states where the SOF applies to credit card accounts I would not rely on the knowledge and integrity of the trial court judge to respect the law and would want to have and use plenty of other defenses, claims, rules of evidence, et cetera to assist the plaintiff in their loss.

 

When Citibank charges off a debt, and decides to sue, or decides to sell the debt, are there good records/documents that are passed along, such as the necessary proof a consumer owes the debt? Perhaps a consumer's personal info and signature? The account was opened in 2009.

There can be a huge gap between possessing or passing on "good records/documents" and being able and willing to prove up, by admissible evidence, each and every element of the plaintiffs cause of action required by the case law in my jurisdiction. Assuming, of course, an engaged defendant that objects on and for the trial court record to the missing evidence and failing elements that are fatal to the plaintiff's cause of action. Also assuming that defendant is willing and able to do what it takes to appeal reversible errors made by the trial court.

Link to comment
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.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.