SeeUinCourt Posted January 27, 2022 Report Share Posted January 27, 2022 I'm back 2yrs later I am being sued for a debt that isn't mine!?! ? I got served two days ago for a debt that isn't mine. The citation is for a CITIBANK card which I have never owned one, but there were no statements attached to it showing my name or the account statements like the last JDB that tried to sue me. So I am completely in the dark as to what they have (it's not mine either way). The citation claims I own the debt and gives an account number with only the last 4 showing and the total of 4k+ and that's it. I called the lawyer and spoke with them and they said it was for a Sears Mastercard by CITIBANK. I told him I have never owned a Sears credit card (because I haven't) and I have never had a card issued by CITIBANK. I told them I remember 3+ years ago they reached out to me saying the debt was mine and asked me to respond. Which I did and I still have my response on my computer from 2019 I saved it. I told them I denied their claim and told them the same thing I never owned a CITIBANK account. I told him I even pulled my credit reports and there is nothing on them with Citibank/ Sears nor matching that amount. He oh you sent a response to them before? Hmm.. then was like I'll reach out to my client and let them know and let them know you're going to file an answer. My question is how do I proceed? Do I call them back and ask them to motion to dismiss the case? Do I file my own motion to dismiss the case? Or do I file an answer? I have read you have to file a motion to dismiss before you file an answer, that if you file an answer you can't file a MTD. I would want to go the arbitration route (to scare them out of collecting like the last JDB), but they didn't give me any statements so I cant see what arbitration clause to use. PLUS ITS NOT MINE! I drafted up an answer, but I'm not sure if my affirmative defenses are correct. I had been reading if I don't list my affirmative defenses then I can't use them later on. Also, below my answer is the validity dispute I sent them back in 2019. I added the Unclean Hands to the dispute since they are trying to sue me after I disputed the validity and they never sent me anything in return showing me it was mine. The bad thing is I don't think I sent it certified mail so how do I prove that I sent it. ? (Oh! and I no longer live in Texas so I am going to have to mail all of this.) ------------------------------------------ 2. Answer General Denial: Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of the plaintiff's allegations. 3. Affirmative Defenses • Defendant mailed a validity dispute on October 3rd 2019, disputing the validity of owning the account to PCA ACQUISITIONS. • Defendant has never owned a CITIBANK account, nor any card associated with CITIBANK. • Defendants credit report shows no such account exists, past or present. • Lack of subject matter due to private arbitration agreements • Statute of limitation • Unclean hands Respectfully submitted, Defendant's Signature: __________________________ Date: January 27th, 2022 Validity Dispute To whom it may concern: I am writing you to let you know I received a letter stating I owe on an account by Citibank for 4,789.49. I have never owned a Citibank card nor have I ever had an account with them. I have checked my credit report and there is no reporting on a Citibank account nor do I have any account with the sum of 4,789.49 due. Sorry to inform you that you have the wrong person. I am disputing the validity of this account and letting you know this account is not mine. Sincerely, ----------------------------------------- Ugh! This is already stressing me out since it's the same, but different then what I already went through. As always your help is appreciated! Quote Link to comment Share on other sites More sharing options...
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