travis198555068 Posted March 16 Report Share Posted March 16 1. Who is the named plaintiff in the suit? CITIBANK, N.A. 2. What is the name of the law firm handling the suit? STENGER & STENGER P.C. 3. How much are you being sued for? $10,xxx 5. How do you know you are being sued? Personally served 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? None 9. What state and county do you live in? Minnesota, Dakota 10. When is the last time you paid on this account? 2020? Within SOL 11. When did you open the account? 2016 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Summons and Motion Served, nothing has been filed. Checked online. 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, is it too late? I did have an account. 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? Served 3/3/23. Deadline to respond to answer is 3/24/23. No interrogatory received. Only Summons and Complaint. Claims for Relief: 3. To the best of the plaintiff’s knowledge and belief, defendant’s the home depot consumer credit card account with Citibank, N.A., account number ***********___, (“account”) was opened on _____2016 and an agreement was delivered to defendant and is in defendant’s possession. DENY or Don’t know? 4. Defendant and/or an authorized user incurred charges on the account. ADMIT? 5. Defendant has failed to pay the amount due on the account and there is now due a balance of ______. DENY 6. Defendant has failed to object to the accuracy of the billings sent to defendant and/or has otherwise assented to the balance and has failed, refused or neglected to pay the balance due and owning to plaintiff. DENY 7. The account has become stated between the parties. DENY 8. Defendant received, accepted and benefitted from the provision of the agreement and plaintiff has not be fully paid the reasonable and agreed upon value of said agreement rendered in the amount of ____. DENY 9. Defendant has been unjustly enriched and is therefore indebted to plaintiff in the amount of _____. DENY 10. To avoid substantial injustice, defendant should be required to repay plaintiff the sum due. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing 18. How did you find out about this site? Google.com I completed the answer to the complaint. I did not list out anything other than admit/deny/don't know. Do I have to go into detail? I know MN allows the plaintiff 1 year to file with the court. I have generated the answer and am planning to CMRRR. Affirmative defenses are: Don't know the amount alledged and abitration, should i list anything else? I received energy assistance, not employed, so i believe thats exempt status? Seeking advice on how to proceed Quote Link to comment Share on other sites More sharing options...
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