radar Posted January 25, 2019 Report Share Posted January 25, 2019 1. Who is the named plaintiff in the suit? JHPDE FINANCE 1, LLC ASSIGNEE OF CITIBANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Emerson & Hornik LLP 3. How much are you being sued for? $3000 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) HAND DELIVERED TO A RELATIVE AT HOME 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO CORRESPONDENCE. 9. What state and county do you live in? CAMERON COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) NOT OUTSIDE OF SOL 11. When did you open the account (looking to establish what card agreement may be applicable)? 2010 12. What is the SOL on the debt? To find out: 4 YEARS 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). SUIT SERVED. I have filed an Answer. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? D. Facts 6. On or about June 10, 2015, Defendant(s) opened a credit account with CITIBANK N.A. in the Defendant's(s') name under its account number ending in ************2231. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defandnt's last payment on the account occurred on August 1, 2017. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about January 1, 2018. On or about April 1, 2018, CITIBANK N.A. assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant on the Account is $3000 plus interest. 8. The plaintiff has made demand upon the Defendants for payment of the amount due and payable in full. The Defendan has failed, neglected, and refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendants which established the amount due to the ORiginal Creditor, and the Defendant promised to pay Original Creditor on the indebtedness. They provided NO interrogatory, nor any type of evidence for their claim against me. I only received the summons and the original petition. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was attached to petition. 18. How did you find out about this site? internet research Hi, I have already submitted an answer to the Court. Based on what I am reading on these forums and elsewhere it seems that I should file a motion for discovery. Is this the best case of action? If it is, then what are some examples of the request that I can submit in this case. I have to receive permission from the Court before I can submit anything to the Plaintiff's attorney. I want my request for information to be penetrating and compelling. My hope is really that they drop this lawsuit against me. Any and ALL help is welcome. I just submitted my answer two days ago, so I feel that time may be of the essence. Thank you all for reading. If there is any more information I should provide PLEASE LET ME KNOW. Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.