I received a summons from Citibanks attorney

Definitely answer the summons. Go to naca.net for a referral service that could help you find a attorney that specializes in consumer law.

Chances are they were constables that are hired either by the sheriff's office or the courts to serve legal documents. Take cajuns advice and answer the summons.

ladybug

Is there a certain format to answer the summons?

Hazeleyes, I don't have any advice but wanted to let you know I have a citibank credit card as well, and I'm sure I will be in your position soon, so please keep us updated. I think others here may offer more help, but I think maybe you should get a different attorney, I think I might start looking now just to be ready.

When I answered mine I pretty much copied the first page of theirs but switched the defendant and plantiff information around so that mine would be first.
Then from there just answer each allegation by stating admit or deny. make sure you number each answer. You must then file one with the court that the suit is filed in and send one to the plaintiff. I sent my certified and return reciept requested. Keep copies of everything.

This is what I did to answer mine, I could not afford an attorney, but got this advice from one. Hope this helps.

Hazeleyes, your state's Rules of Civil Procedure usually dictate the format. For the uninitiated however, I would follow fedups advice.

LawStudent- don't they still nedd to show up in court? They told them they just need to answer and didn't need to show up. I always thought you better show up or they just get a default judgement- may be you can clear this up? Karen :D

There isn't a court date listed on my summons. From what I have read, and was told by Citibank's attorney, is that everything must now go through the court, which is why I guess the summons is procedural.

I noticed my summons is from Superior Court. I thought Superior was only for felonies. When I called the court, I asked what had to be written on the summons, and asked why superior court, I thought that was only for felonies. The guy said "yes...anything over $10,000". My credit limit was $9,300. They are suing me for close to $17,000. So, is this a felony charge? It cannot be...can it?

Larger civil suits are held in superior courts.

Regarding attorneys and debts, I offer conjecture that assuming Citi can prove you owe the money, and that it is not out of SOL, an atty would only decrease the amount of money you have to pay towards your debt. You can disagree with the interest/fees, but if the contract you signed allows it, then you are legally obligated to pay it, and an atty can't really change that...I do welcome feedback, though.

Also, a settlement may make great business sense to both you and the creditor, but they are not obligated to offer or accept one.

One can always call the court to confirm a court date.

I suspect dates are not given right away, as the block of time required for a court date changes depending on whether or not the summons was answered--I am sure less time is needed when all that is needed is a motion for default judgment. (Just speculation, mind you)

Just some quick advice on this. I am an attorney.

DEFINITELY Answer the summons. Period. If you don't, since you have been notified, a default judgment will be entered against you, so basically Citibank could get everything (within reason) that they request. And even though a default judgment can be appealed within a limited time period, you don't want it to get to that point.

Second, there is a date on the summons. It's literally impossible for there not to be, since summons are valid by the dates on them. It should be stamped somewhere quite visible on the summons. Make sure you are looking for different ways to print an address (September 5, 2007, 9/5/07, 9-5-07, 5-9-07). If this is not the case and you still can't find it on the document, call the county or city clerk's office that issued the summons and ask when it is dated. Also, if you are aware of the date it was served (which would either be to you in person or when it arrived at your house in the mail (not when you opened it, but when it actually landed in your mailbox), you can use that as your guideline for the summons date. Depending on where you live, you will likely have anywhere between 30 to 90 days to reply. Aire on the side of caution and assume 30 days to reply and don't submit your answer on the 28th, 29th, or 30th day.

I'm not sure what you mean by a consumer's attorney. One thing I can suggest in getting legal assistance is (and this is usually dependant on your income), you can see what type of clinics your local law schools run, and one of them may be able to help you with this lawsuit. They are in training, but everything is overseen by licensed attorneys, and the law students are also licensed by the state to help in these matters, so it is not a lower standard of service by any means. If you qualify for the services of the clinic, there is likely no cost at all involved.

Hope this was somewhat helpful. Good luck.

Sorry, I missed your questions about Superior Court and felonies.

Not knowing your location, this is general advice, but no it is not a criminal charge, it is a civil charge. Criminal court and civil courts operate under the same general name, but operate in different divisions. Also, if this was a felony charge, you would have been arrested, not issued a summons. They are suing you for a money, it is a civil suit, so the question about how much is owed and whether that is a felony does not apply since this is a civil case.

Finally, I see that you were saying there wasn't a court date on the summons. There wouldn't be. The summons is the first stage of a suit. No court date would be associated with this litigation prior your answer. Court dates are not in the equation right now. Especially since, if you think about it, how big is Citibank? How many people do they have to file suits against? They aren't showing up in every court in every city or every town in every county around the country. This is the beginning of the suit against you, and will likely involve very few (like 1) or more than likely no court appearances. But what it will do is initiate the dialogue to reach a settlement to eliminate this debt so they can mark it as paid.

Hope this makes sense. If you have other questions, I will try to check back in the next couple of hours.

Thanks so much NUWildcat. Great info. I definatley planned on answering the summons. As I mentioned before, my divorce attorney helped me settle one before that had sent a summons. His answer was simply denying each count. That is how I planned to answer this one, although I have read where others recommend putting as much info in there, such as the reasons why the account has gone this far, etc.

What do you think?

Also, I am meeting with an attorney from the naca.net in my area today. I hope it goes better than the worthless dialoge's I had with Superior Debt.

Assuming your divorce attorney knows even a little about what he/she was doing, and I assume they do, I would follow their guidelines. But you should check with the attorney you are meeting this evening.

DO NOT take the advice of a friend who is not an attorney about how to plead your summons. Why? It's not becuase they are giving bad advice, in fact, they are likely giving a very accurate account of what happened in their situation. But, they are going off of their experience and may live in a different town, city, county, or state than you and that makes a big difference. The norms of the court in which you are in are paramount, so you want to be cautious in taking the advice of those unfamiliar with whatever jurisdiction you are in. Like, you will notice, that although I am trying to be helpful and give advice, I keep in mind and continue to state, that generally speaking or depending on your jurisdiction (location), because this really does matter.

There are two types of pleadings. Fact pleading and notice pleading. Many states use fact pleadings, while federal pleadings, for instance, use notice pleadings. This make a big difference in how much detail is contained within a summons. An answer is a simple pleading, in which you are only answering what was stated in the original summons. And all you are supposed to do is deny the counts listed. However, you can also do an Answer & Reply, and deny the counts listed and then reply with counts of your own. Even in this situation though, it is usually not appropriate to go into rationale and reasoning behind what has caused the problem (i.e. why you got into debt). Summons and answers, even in the case of fact pleadings, are largely formulaic based on the state laws, which is why I would follow what an attorney (not me) advises you to do.

Again, talk to the attorney you meet with this evening to find out what is the norm in your jurisdiction, and that is how you want it be. Courts (more accurately judges) are sticklers for whatever rules they set for their courts, so you want to make sure you always follow the rules. No need to give them a reason to rule against you on anything other than the merits of your case.


***I guess I should say, that although I have increased knowledge on the subject, I am not providing any sort of official legal advice and encourage you to contact an attorney in your area for further assistance. There are many good clinics and associations that will advise you on a variety of matters in many different areas of the law at no cost.

Thank you again for the information, NUWildcat.

I met with the naca.net attorney in my area tonight. It didn't go as I expected. I appreciated his cantor, although he did come off a bit brash.

He advised me to consider bankruptcy. He said that being 29, having over 80k in debt, no kids, house with less than 300k in equity, and limited assets, I would be silly not to consider it. Granted he specializes in bankruptcy, and he made that clear, but he did make valid points.

His most valid was that, even if and when I am able to settle this account, the next one will come along in line. I kind of half expect that, and I guess I do feel a moral obligation to repay, but he did make some valid points.

So here I am, confused as ever. The attempt at using Superior Debt and other firms was a disaster and now this attorney recommends bankruptcy. Seems like the only way out at this point.

Well, I don't know about his advice, but let me ask you a few questions.

Is any part of that $80k in debt - taxes, child support, alimony, or student loans?

Do you own your own home right now? Do you plan on buying a home in the next 5 to 10 years? Are you married?

So, I know these are personal questions, but they will give me a much clear picture of whether this was good advice or not.

Truthfully, bankruptcy should be your absolute and total last option. The point of no return, if you will, no other options are available to you. Bankruptcy laws changed about 2 years ago, so filing is not as simple as it once was. And advising filing bankruptcy should come with a host of information to make sure you know what is involved and what you are getting into. Did the attorney specifically tell you this information that I just gave you?

Also, while I cannot detect the tone of which this advice was given, just because you have no kids and not a ton of equity (but also nothing to sneeze at), ARE NOT reasons to file bankruptcy. The age of 29 seems young, yes, but if you have a bankruptcy on your credit record when you are 39, will you consider this a wise decision or will it have somehow had a negative affect on your life?

I will try to check back on the boards every hour or two to look for you reply and will get back to you as soon as I can.