The never ending debt lawsuits

[First rodeo]

Hi all! 2 years ago you were all very kind in walking me through two victory’s with both Midland and portfolio via arbitration. 

A brief history. We had some serious health issues with our son that required me to quit my job, we then knew we wouldn’t be able to keep up with all our payments and turned them over to a debt consolidation co. Around Spring of 2013. A year later we were really in bad position and asked them to remove two accounts (we had 6 Citibank accounts) wires were crossed and  not actually sure which accounts they dropped. Fast forward to 2016. 2 of the Citibank accounts were bought by the above debt collectors for me and I went through Justice court following all of the amazing advice I got here and both were dismissed. 

My husband was recently served a Summons from Calvary in the amount of about 9k. 

Fortinately I remember the steps (I think) ?

just was hoping for some guidance as this Summons doesn’t issue any info. My Summons was 30 pages long and had the bill of sale and all records associated. This is 4 pages and only makes mention of amount and that it is a citi card and the last payment date. 

Answer is due by Tuesday. 

Is this correct procedure 

1. Answer the complaint admitting he is a resident of the county specified but has elected private contractual arbitration, without knowledge to form an opinion and must respectfully deny allegations.. 

2. Motion to compel 

3. File with Jams

my question is this if they are giving me nothing to go by how do we present an cc agreement without taking some sort of ownership. 

This CC is no longer on his Credit report so  I’m not even sure what type of card it was. 

 

Any suggestions or advice is appreciated. 

 

[upcycleliving]

Sounds right but I thought Citibank got rid of arbitration? No?

[First rodeo]

2 minutes ago, upcycleliving said:

Sounds right but I thought Citibank got rid of arbitration? No?

They may have recently but this account (whatever it is) would have been old. I can’t say when the last payment was made because I don’t even have an account number to reference. Which is kind of my dilemma in answering. 

[Clydesmom]

21 minutes ago, upcycleliving said:

Sounds right but I thought Citibank got rid of arbitration? No?

For small claims cases.  A debt for $9k would be in Circuit/State court and likely eligible.

43 minutes ago, First rodeo said:

My Summons was 30 pages long and had the bill of sale and all records associated. This is 4 pages and only makes mention of amount and that it is a citi card and the last payment date.

At least one of those 30 pages should be a statement that would indicate what kind of Citi account it was.  If not go to the CFPB archive and find the most current Citi card account for the year of or prior to default.  That is the one that would apply.  If they balk at the account agreement have them produce the correct one.

[First rodeo]

25 minutes ago, Clydesmom said:

At least one of those 30 pages should be a statement that would indicate what kind of Citi account it was.  If not go to the CFPB archive and find the most current Citi card account for the year of or prior to default.  That is the one that would apply.  If they balk at the account agreement have them produce the correct one.

Thanks Clydesmom. 

My previous Summons (already resolved)  had 30 pages which did have a plethora of info including a statement. This Summons is litterally 4 pages and has no info other then amount, Citibank and  says defendant owes plaintiff $9k for the purchase of goods, wares, and services on or before Oct 10, 2016. 

So, either they don’t have any info? Or.... they are keeping it in their pocket. 

Is it a good idea to file MTC without having specific info? 

Or should I just answer and wait for the discovery? 

I truly have no idea what account number this is to even look it up from our consolidation co. 

It says “that plaintiff is the owner of certain accounts of Citibank, N.A./Aadvantage including the account of defendant herein. 

Seems to vague to initiate a law suit or could be strategy? 

[Clydesmom]

1 hour ago, First rodeo said:

So, either they don’t have any info? Or.... they are keeping it in their pocket. 

Unless state law requires they attach their evidence to the complaint they are better off not doing so and waiting.  90% of these cases end in default judgment where they don't need documents anyway.

1 hour ago, First rodeo said:

Is it a good idea to file MTC without having specific info? 

Your only hope of beating this now is to get it out of court and into arbitration where Cavalry doesn't want to spend the money and drops it.  If you go to trial you will lose.

1 hour ago, First rodeo said:

Or should I just answer and wait for the discovery?

Answer and assert private contractual arbitration in JAMS as an affirmative defense.

I would not engage in discovery until the MTC is denied because in many states participating in the litigation process waives your right to arbitration.

1 hour ago, First rodeo said:

It says “that plaintiff is the owner of certain accounts of Citibank, N.A./Aadvantage including the account of defendant herein. 

That would be an American Airlines credit card.  Did you have one?

[BV80]

2 hours ago, upcycleliving said:

Sounds right but I thought Citibank got rid of arbitration? No?

No. 

[fisthardcheese]

I would file an answer and MTC at the same time, if you have time to get the MTC ready by the answer deadline.  If you need more time for the MTC then I would file it asap after I filed my answer by the deadline.  In my answer I would be sure to include the Affirmative Defense of "Lack of subject matter jurisdiction due to a private arbitration clause".

See the link in my signature for more details on arbitration.