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Need help, filing consumer complaint while being sued by collections agency


jubh
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Hello,

I am currently getting sued for a debt that I now know for sure I do not owe.  The gist is I answered a summons with a general denial of the debt based on lack of information (asserted no affirmative defenses) in CO's simplified procedures.  I have a pre-trial conference in February. 

Attorney sent a disclosure statement with printout of a few online statements, (worth noting two months of statements they claimed were in the document packet were actually missing (not sure if mistake or on purpose)).

I was recently able to access my old bank account to find I made several payments to Citibank after the date they claimed was my "last payment".  These payments don't appear on the statements sent by the collection agency.

Additionally, I discovered I may be a victim of Citibank based on the 2016 CFPB order, the situation/circumstances and time period is in line with the activity on the account.  However it's difficult to prove quickly since Citibank can't even access my account due to it being in collections or tell me if I'm included in the consent order.  Looks like I will be filing a consumer complaint which takes ~14 days.  Even if I'm not it's very shady because the statements sent by the collections agency show an inflated amount of debt owed on the credit card and now it's obvious that account should have never been sent to collections as I was making the payments requested by Citi...an issue similarly stated in the CFPB order.  Based on my conversation with CFPB it is unclear if Citibank finished locating and notifying all the victims.

I am curious if I file a complaint with the Consumer Financial Protection Bureau (CFPB) will this stop the lawsuit immediately and give time to figure out what's going on?

Also if I file the complaint, do I send proof of complaint along with my bank statements when I return the disclosure statement to the Attorney? 

Or should the complaint be filed with the debt collection agency instead of Citibank? Or complaint against both.

Disclosure information isn't filed with the court, so would you recommend a motion I could file with the court before the pre-trial?

 

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You will still have to go through the court process, even if you file a consumer complaint. I would do both simultaneously however.

As for court, at the discovery conference, I would bring up the consent decree, the statements with the payments that are not reflected on the statements and amount, and demand for the 2 statements that are missing. That should cover your butt and make the attorney realize you are serious about this. That might be enough to get the opposing attorney to dismiss. If they want to talk about settlement, inform them that based on your information, you do not even owe this debt let alone wanting to settle.

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On 1/20/2017 at 10:35 AM, WhoCares1000 said:

You will still have to go through the court process, even if you file a consumer complaint. I would do both simultaneously however.

As for court, at the discovery conference, I would bring up the consent decree, the statements with the payments that are not reflected on the statements and amount, and demand for the 2 statements that are missing. That should cover your butt and make the attorney realize you are serious about this. That might be enough to get the opposing attorney to dismiss. If they want to talk about settlement, inform them that based on your information, you do not even owe this debt let alone wanting to settle.

Thank you! By bring up the decent decree you mean just mention it or actually send a copy to them?

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Bring in a copy of the decree and tell the attorney that you think the debt is part of the decree. You do not have to make a legal argument until trial on whether it is or not because that is a trialable issue (which means if the other attorney attempts a summary judgement, you have an argument that there are issues that require a trial and to quash the summary judgement).

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