RichD 0 Posted July 16, 2015 Report Share Posted July 16, 2015 I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance,RichD Quote Link to post Share on other sites
RichD 0 Posted July 16, 2015 Author Report Share Posted July 16, 2015 1. Who is the named plaintiff in the suit?CitiBank2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerson, & Hornick3. How much are you being sued for?3562.194. Who is the original creditor? (if not the Plaintiff)CitiBank / Home Depot Account 5. How do you know you are being sued? (You were served, right?)Yes6. How were you served? (Mail, In person, Notice on door)In Person7. Was the service legal as required by your state?I Guess So8. What was your correspondence (if any) with the people suing you before you think you were being sued?Usual Collection calls and letters. I can't prove but was recieving phone calls threatening civil/criminal summons at home or work, which stopped just prior to service. When would return call couldn't get live person, number repeatedly changed.9. What state and county do you live in?Coryell County, Texas10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)Dec 201311. What is the SOL on the debt?4 years12. What is the status of your case?Preparing to Answer Citation13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No14. Did you request debt validation before the suit was filed?No15. How long do you have to respond to the suit?14 days from 7/14/2015, so I think 7/28/15We need to know what the "charges" are. Please post what they are claiming.Breach of Contract, and Account StatedDid you receive an interrogatory (questionnaire) regarding suit?No16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.None - I had to scan a copy of the receipt that I signed for service. Service receipt and Citation were uploaded in 1st post. Quote Link to post Share on other sites
debtzapper 1,274 Posted July 16, 2015 Report Share Posted July 16, 2015 It is very difficult to win against an OC. Your best option is to file a Motion to Compel Arbitration. See if your credit card with Citibank provides for JAMS Arbitration. Quote Link to post Share on other sites
texasrocker 451 Posted July 16, 2015 Report Share Posted July 16, 2015 They indeed can sue for Account Stated (or whatever else their hearts desire for that matter.) It is up to the defendant to show the court that it is not a valid pleading. With that said, Citibank is very hard to beat as they usually have adequate records that are very hard to dispute. Some attorneys will charge extra to defend a lawsuit filed by them. Quote Link to post Share on other sites
RichD 0 Posted July 16, 2015 Author Report Share Posted July 16, 2015 Is there a list sonewhere of what they can take upon winning, or what is protected? Wgat is a good settlement percentage? Any advice? Quote Link to post Share on other sites
debtzapper 1,274 Posted July 17, 2015 Report Share Posted July 17, 2015 Texas is a debor friendly state. Click on these links. But before you give up or settle, you may want to file for arbitration An Overview of Asset Protection in Texas - Beckett Tackett ...www.btjlaw.com/index.php/.../an-overview-of-asset-protection-in-texas In order to explore these asset protection concepts, this paper will discuss the specific protections provided to debtors under Texas law against the backdrop of ... Texas law puts protective umbrella over debtors | Dallas ...www.dallasnews.com/.../20120817-texas-law-... The Dallas Morning NewsAug 17, 2012 - Creditors going after Texas debtors have a hard time seizing core components of their wealth, including homes and wages. Asset Protection in Texas - Houston Real Estate Attorneywww.lonestarlandlaw.com/Asset-Protect.html Texas has an established history of being a haven for debtors. ... It is even wiser to formulate an asset protection strategy long before adverse events occur.► Asset Protection in Texas - East Austin Lawyerswww.eastaustinlawyers.com/asset-protection-in-texas/ Texas has long been a safe harbor for debtors. For over one hundred years, individuals have physically relocated to Texas to avoid their creditors. Today, the ... [PDF] Quote Link to post Share on other sites
Clydesmom 1,207 Posted July 17, 2015 Report Share Posted July 17, 2015 If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? A junk debt buyer cannot sue for account stated since they purchased it after the default and charge off. The original creditor can sue for account stated as it is their account. Even if they could not it won't get you a dismissal because the breach of contract count still is alive and very much in play. It is why two or more counts are pled in a suit so that a dismissal can be avoided. Is there a list sonewhere of what they can take upon winning, or what is protected? Texas is one of the few states that does not allow wage garnishment so your paycheck is safe until it hits your bank. Once it is in the bank it is just money and they can levy your bank accounts. The only time bank accounts are safe is if the funds deposited in them are exempt from bank levy such as pensions, SSI, and disability. Banks are required to determine the funds are not exempt before releasing them to the creditor. Each state has a certain homestead exemption on the family home that is exempt however, what the creditor can do is put a lien on the home which prevents sale or refinancing until satisfied. Some states do allow seizing of personal property to satisfy a debt but most creditors do not go this route as it is not worth the expense for such a little payout. That is unless the consumer owns high end merchandise that would fetch a fair amount at the Sheriff's sale. Wgat is a good settlement percentage? Any advice? All you can do is make an offer and then negotiate if they do not accept. What ever you agree on make sure you can pay it. Preferably in one lump sum because a payment agreement typically is a consent judgment and it means they would not have to sue you if you default again. Unfortunately there is no magic number on settling. Some consumers have settled for pennies on the dollar on very large debts and others have had to pay all of it with no settlement options. What ever you do get your settlement in writing before you pay. Quote Link to post Share on other sites
