The last time I posted here I told you all about an account I had with Citibank and the collection agency my acct was placed with blah, blah, blah. On the letter it gave me 30 days to write in as to whether or not the debt was valid. I sent a validation letter May 14th and on May 18th Citibank filed against me on the 18th. I got the notice yesterday. I have 60 days to reply with representation from an attorney. I am confused as to how I can get a letter from a collection agency and the letter say I have 30 days and then 2 1/2 weeks later I get a notice from the Court. They also included a brochure about hiring a mediator to settle the account so it's not a summons but it is a civil suit against me. Has anybody ever heard of this??
winter78 ===================== This is a $1000 violation: Attempting to collect before validating. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
This is Citibank not the CA. Someone told me that the 30 days isn't a grace period but I think that it is wrong to give someone 30 days and then sue them before that time is up.
What date did the CA receive the validation letter; when you sent it isn't relevant, when they received it is? Chances are if they received it right before the suit was filed, the OC recalled the account and proceeded with legal action. It is a $1000 violation, under the Fair Debts Collection Practices Act, it is illegal to represent or imply that the transfer or sale of the account from anyone (including the OC, as per the FTC's Commentary) makes the consumer subject to any activities which are prohibited by the FDCPA. In this case, the resumption of collection activities prior to the completion of the validation of debts response. However, you will need to make sure you file whatever response you are required to file, as soon as possible to keep them from getting a default judgement.
I was told I have 60 days to present a certificate of representation. After that, I meet with a judge to set up a hearing date. I can also hire a mediator to somehow come to an agreement with citibank.
On the 30 day period and suits... The CA could actually file suit as their first method of contact, as long as on the suit, or within five days of service, you are provided with your validation rights, *AND* they clearly and conspicously state how the consumers right to validation affects the suit. There are actually court approved letter formats designed exactly for situations like that. Did the letter from the CA mention anything about suing? Did the CA sue on Citi's behalf, or is Citi the plaintiff through an attorney who is in no way connected with the CA? For instance, it should state Plaintiff: Citibank c/o (attorney) or (CA) or something similar. The big questions are... approx. how much is the account? approx. when was the open date on the account? when was the last payment made on the account, dola?
After the CA told me that if I didn't have 100.00 in by the 14th, Citibank would then take the account back from the CA and sue. I haven't heard anything from the CA as of yet. I sent the letter to them certified on the 14th. It is now the 27th. So the CA is no longer involved at this point. Citibank was listed as the Plaintiff but no attorney was given to me. It was just a letter from the courthouse stating that they have filed a suit and that I need to respond within 60 days that I have legal representation. If I don't then I will have to pay a 50.00 fee. It looks like Citibank is willing to settle this account with me thru a mediator. So after I get everything clear, I am going to hire an attorney so that I will have legal backing in this.
I got a response from AT&T Universal in regards to my letter of validation. They sent me about 4 huge envelopes of my account activity with them. what do I do next after the company does send proof that the debt is yours.
Now is when you try to make some sort of agreement with them - they should allow you to make payment arrangements. I wpuld also try to get them to agree to remove all lates from your report. Sal
Yeah my credit counselor is trying to set something up with them as we speak. I want to set up a payment agrrement with them and get them off my back.
jam, can you help? i am in a similar situation with citi. i responded to the summons and countersued for violations. citi is the plaintiff in my case. account was opened in 1999 or 2000. amount trying to be collected is about $3500 and $700 in court fees. any help is recommended. i countersued for about $5K. any thoughts would be great.
