I went for my conference hearing today. It wasn't any big deal. I went in w/ the lawyer representing Citibank and then the lawyer that worked for the judge. Before the lawyer for the judge spoke, this girl asked what kind of debt settlement co I was dealing with. She said that she would settle with me but would not wait for the DSC. Of course I said "no". We were sent a Motion for Summary Judgement but never by CMRR. So, we never answered it. The first thing she mentioned was that it was not sent. We knew we would automatically get the extension, so they have given us until 12/22 to answer. We were given a few dates of when things will be due and twice the lawyer for the judge said that things could be settled prior to that. The Citibank lawyer said I could have 60 days. Whatever....... I came home and called our debt settlement co. The guy I talked to said to fight it all the way...until the end. Even though this whole process is nervewracking, I've decided to fight it. He said I can file an APPEAL to the Motion of Summary of Judgement. Meaning that I want a chance to PROVE to the judge I am trying to make good on what is owed, etc.... He made a lot of sense. He said that many times the Judge may not give the auto judgement and he'll tell them to work with the debt settlement co. I don't have total faith in the company, but we've come this far. Here's my question, though. WHERE do I go and find a sample letter for the appeal? Can anyone help me? Thank you....
You don't need an appeal at this point. That would only come after the MSJ is granted, if at all. You need to file an opposition to the MSJ. Do you have any grounds to raise a material issue of fact? If not, the Judge will grant the MSJ.
So I should just answer it and be done with it? Should I DENY everything to the discovery process, say I lack significant knowlege, or what? Citibank has already provided all the statements and has sent them to us. The lawyer has ALL the papers ready for the judge to sign and be done with us. So what should our plan of attack be? Thank you for taking time to respond!!! I appreciate it.
Well, you "oppose" a MSJ and "answer" a "Motion for Judgement" which is just another term for a Complaint. Which one is this? Have you already answered the complaint or is that what you are waiting to do now? Either way, you must either answer or oppose depending at what is pending before the court. If you don't, a default judgment or summary judgment will be entered against you. With that said, Citibank is pretty diligent with their record keeping and they retain competant local counsel. Sounds like this is holding true in your case as well. Unfortunately, they can prove up the account here and therefore, you may try to reach terms before judgment is entered. Incidentely, I wouldn't trust a debt settlement company in terms of litigation. Is this person to whom you spoke an attorney? If not, I'd go find one. There are plenty of legal specialists who focus on the type of problem your facing.
We rec'd interrogatory/admission questions. This is what we are needing to answer and is due the 22nd. They have sent everything they need to send. The lawyer made the comment that they have sent everything into the courts that have needed to be sent and we've rec'd copies of everything. I guess my question is -- HOW do I answer them? Do I admit on everything? The amount they are asking for is $6K more than then when we stopped paying on it. They want the judgement asking for 6% per annum. They also want to know where I work. I'm afraid to put that down. Really afraid. What will a lawyer do for us? I'm not downing it, but in the end, we pay them and we still get the judgement against us no matter what. We are trying to avoid the DEFAULT. Does it matter? Is there a difference between a default judgement and a MFSJ?? I know we should have NOT gone with a debt settlement company. At the time, we were scared and they made it sound so easy, of course =( Granted, one was settled quickly and one creditor is waiting without bugging us. We are just trying to take one step at a time. Right now, I want to get through the questions part of this process. Any help would be greatly appreciated. Thank you for taking the time out to answer!
Unfortunately, if they have proven up the debt; i.e., statements, origination papers, etc., and you have no FCRA, FCBA, or state law claims with which to offset their claim, you may try and settle this before a MSJ is granted. As far as answering the interrogatories, you must answer those to the best of your ability unless they are overbroad and unduly burdensome, irrelevant, or you don't have sufficient knowledge to answer them. Again, speak with the attorney for Citibank and see what type of arrangement you can work out, if any. Alternatively, dump the debt settlement company. They have no business advising you as to how to defend litigation. You may consider disputing Citibank's tradelines in hopes of achieving some violations, however, they usually follow the FCRA to a tee. Still, worth a shot. After you get this suit behind you, you will need to repair your credit. Again, look for a reputable company. Ideally, find one that is comprised of attorney's who focus in FCRA/FDCPA litigation.
