Tri cap sueing me for citibank
Date: Sat, 02/16/2008 - 09:11
I received a letter from Levey and assoc.,in Ohio
That Tri Cap is demanding 30 days for me to contact to set up arrangements for a credit card bill,I am assuming it is Citi bank
the total 20,000
It was not certified,I looked online at the local courts,and see there is a civil case from them against me,no docket info other that saying it is for money due,nothing received from the court either.
I am assuming Tri Cap bought this from Citibank
I have two other creditors who sued me in court,and I am making payments,does that mean all of my creditors will come now?
I filed chapter 13 few years back,but could not make the payments,I am a housewife and hubby was not on any of these cards,is our home safe from them taking it?I am on Deed
I am sick and trying to do the right thing,but we struggle making the bills we have,gas,electric,mortgage?
Also I looked up my credit report,and they are not on there,either is Citi bank
Any advice on Tri Cap would be great thank
The first thing to figure out is.. is this debt within your SoL
The first thing to figure out is.. is this debt within your SoL for your state or not. If it isn't then they will not be able to successfullly get a judgement against you provided you take the correct steps.
A letter stating to contact them within 30 days is not an intent to sue. A collection agency can not threaten you with such an action if they do not intend to follow through.
You should send a debt validation letter and find out what information they have on the account. If everything comes back on the level you should sit down and find some way to work out a budget that would include being able to send something in twards the debt.
Not all collection agencies report to the 3 CBR companies but I do know that CitiBank does so I would assume that this collection agency would own this debt.
Guest-- FYI is right....also, you may consider checking to se
Guest--
FYI is right....also, you may consider checking to see if the attorney you mentioned is a member of the bar association in your state--you said they are from Ohio but I dont know where you live.
At this point, since you went online and found that they filed a case against you, the next thing they must do is serve you the summons for the case. Keep this in mind--they filed suit but you havent been officially notified yet. So, it still falls upon their shoulders to serve you. What you need to do is keep an eye on the docket, if they dont serve you and the case proceeds, then you will have grounds for dismissal on the basis of improper service. If you let me know what state you live in, I can check the rules of civil procedure there and let you know what the law says about being served. Generally, the court allows them a certain amount of time to have you served before their complaint is no longer valid.
I found a reference to Scott I. Levey, as an attorney in Ohio, c
I found a reference to Scott I. Levey, as an attorney in Ohio, could that be the same one?
Also, is there a full name or different name for "tri cap"? Because I checked with Ohio's secretary of state and they are not registered there. If they try to take action against you, including legal action, to collect a debt, and they arent registered with your state's SoS office, then they are illegally trying to collect a debt. That would be against your state laws and I would bring that to the attention of your state's Attorney General's office right away.
No business can operate within the state, regardless of where that business is physically located, without being registered there. And unless there is a different name other than tri cap, then they arent registered.
OK, now, on to the rules of civil procedure. Ohio requires that a summons be served in-state in one of three ways:
1--certified or express mail, where you would have to sign for it
2--service in person, and again it needs to be signed for
3--service upon your residence, where the summons would be left with any person who was of legal age and considered to be competent
If they do not do any of those three things, then you have not been properly served. They can sometimes tell the court that they couldnt find you, but in this case it wont work because they are sending you letters in the mail so they clearly know where you are. If they genuinely dont know where to find you then the court will allow them to perform service by publication, which means they will list it in a local newspaper. But again, they knew where to find you with that letter, so that is out the window, and if they try that, keep the letter and the envelope that it came in because it will show that they knew where you were.
What they sent you is NOT, I repeat, NOT a summons. They sent you a letter which is an attempt to get payment from you. So, if you hear nothing, I would very strongly advise that you go before the court and file a motion to dismiss based on both improper service and the fact that the suit was filed illegally because Tri Cap is not registered in Ohio and therefore cannot operate within Ohio as per state law. But you will need to keep up with the court info because if they dont send you anything they will still get a default judgment against you.
Thank you for your info it is appreciated,take care
Thank you for your info it is appreciated,take care