Hello, I just found out that Citibank is suing me for a credit card that went into default about a year ago. I am looking for advise on how to handle the situation. TIA
Is it just me, or does this seem to be happening a lot more these days? Creditors seem like they're initiating lawsuits and attempting to get default judgments quite often, as opposed to just selling the debt to a CA. May I ask how large the debt is? You might want to seek legal advice from a professional to be sure you make the right moves from this point forward. That said, a lot of people choose to read up on their rights, learn the laws, and take matters into their own hands. Whatever you do, don't ignore it. You'll need to file an answer very soon.
As of a year ago the amount was 3000.00 - I haven't been served as of yet so I'm not sure what total they have racked up since then. (Expecting service any day now.) Frankly, I was surprised that they were suing over such a small amount, just doesn't seem cost effective to me. Yeah, I think I've already decided to go with an attorney. I was going to file the answer myself then try to negotiate a settlement out of court, but would like to have the peace of mind that I'm not hanging myself by creating an agreement that is missing something important.
That 3,000 dollar balance has easily doubled. Question: what are your legal fees going to be? Is it worth retaining a lawyer for a high price just to get a settlement on an account that will save you a couple thousand dollars?
I am also very surprised because they sued only $ 3000.00.At this time you can talk with the bank to resolve any kind outside the court. There are many ways for them not to sue you.
They also sued me after charging off just 3 months ago. In my case, they used Allen Adkins who is apparently being very aggressive. It appears that even when people are responding to the suit in time, this firm is asking for summary judgments right before the court date is scheduled. It appears in the paperwork that Citibank is suing with Allen Adkins representing them. However, I sent validation right after receiving papers and got back a letter from Allen Adkins stating that they are the debt collector and they supplied zero validation. They were actually stupid to even reply because I didn't send the letter cmrrr (I am most likely doing a Chpt 7 anyway), but now they have confirmed receipt. So, this firm is being very aggressive and underhanded. I have also read from people that they refuse to validate. I am going to send a 2nd val letter to them using Tx Finance Code and copying their insurance company who holds their bond (a requirement in TX). We'll see what happens.
If you mean they are seeking summary judgment before trial, any other order makes no sense. In a case of this sort, it is common to seek to save money for the client by ending things quickly without trial. Why would they pretend not to receive something? That seems like needless risk. "Contrary to Appellants' contention, verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed", Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). Did they do that? Have you appeared and answered their summons and complaint if that is the correct thing to do in your court? Do you have defenses? Have you plead any affirmative defenses?
