Served Papers from Citibank! Now what?
Date: Thu, 01/14/2010 - 15:46
Submitted by lisaawilliamson
on
Thu, 01/14/2010 - 15:46
Total Replies: 15
We only have two cards...of nine...still to go.
hey settlement guy! no advertising on the forums its against the
hey settlement guy! no advertising on the forums its against the rules!
have you tried to contact them at all? or responded to the summons? make sure that you respond and if push comes to shove you can still settle after judgement. get back to us and let us know
If they didn't include a copy of the original agreement you sign
If they didn't include a copy of the original agreement you signed, if you even signed one, then I would file a Motion to Dismiss. You might not get the case dismissed, but you will prolong the procedure which would give you time to come up with some money. I did this with Chase and so far it has been over 4 months and were still going back and forth.
Can I file a motion to dismiss myself? I really don't wanna hire
Can I file a motion to dismiss myself? I really don't wanna hire a lawyer...$$$
Quote:Originally Posted by love_my_thingshey settlement guy! no
Quote:
Originally Posted by love_my_things hey settlement guy! no advertising on the forums its against the rules! have you tried to contact them at all? or responded to the summons? make sure that you respond and if push comes to shove you can still settle after judgement. get back to us and let us know |
good stuff my friend especially the part about no solicitation.that is why it was deleted.now as guest59 advises you can file the motion to dismiss yourself.your court clerk should have the proper papers.file that when you respond to the summons.
Guest 59
Can you tell me how you did this with Chase? Originally my Citi card was A.T&T then Citi took it over. I've been trying to settle with them. They gave me 35% but in 3 payments, and it's impossible for me to do 3. They won't budge to at least 4 payments. I'm over 120 days. I'm wondering if they even have the original agreement.....
It irks me that they just can't give me one more month.....I honestly cannot come up with the money. So I guess they will send it to the next level.:-(
We had three Chase cards. Two settled together for 50%, one has
We had three Chase cards. Two settled together for 50%, one has not settled and they won't budge. This Citi and the one Chase have been the worst. The best I have dealt with was BoA.
Quote:Originally Posted by aubreyCan you tell me how you did thi
Quote:
Originally Posted by aubrey Can you tell me how you did this with Chase? Originally my Citi card was A.T&T then Citi took it over. I've been trying to settle with them. They gave me 35% but in 3 payments, and it's impossible for me to do 3. They won't budge to at least 4 payments. I'm over 120 days. I'm wondering if they even have the original agreement..... It irks me that they just can't give me one more month.....I honestly cannot come up with the money. So I guess they will send it to the next level.:-( |
I can guess this one. The guest was sued, it's a breach of contract claim which requires the contract to be attached. The Plaintiffs lawyers are counting on the Defendant just not showing up for court in which they get the judgment automatically. If the defendant answers the complaint and motions for dismissal based upon the failure to include the contract, done!!...Without the contract the Judge would dismiss, and further some judges would require the contract plus the original or copy of signed application, some judges would not...
Quote:Originally Posted by lisaawilliamsonWe had three Chase car
Quote:
Originally Posted by lisaawilliamson We had three Chase cards. Two settled together for 50%, one has not settled and they won't budge. This Citi and the one Chase have been the worst. The best I have dealt with was BoA. |
Do you mind me asking if the two settled Chase cards were they for small amounts and the one still not settled is it for a high amount? It makes no sense how cc companies agree to settle some cards and not others. Just curious, I am just beginning with Chase on two cards. Thank you.
I have never found reasons why they do what they do. The one tha
I have never found reasons why they do what they do. The one that hasn't settled is only for $4K. We had them that were higher. We tried to bundle them all three but they wouldn't do the third one with the two.
PaulMergel, Just wondering: on what grounds would I file to dism
PaulMergel,
Just wondering: on what grounds would I file to dismiss? I really do owe...their ducks are in a row. Could I file it on the grounds that we have discussed settlement?
Citi CC= Burton Neil
Received Complaint-Notice filed by Burton Neil for a Citi credit card and need some info. In 07/09 got a dunning letter from Burton Neil (I live in PA) and sent a validation letter. Within a few weeks got a 2 page statement which appeared to be internally produced by Burton Neil. A few weeks later got a settlement offer. Complaint was received 8 days ago, I called Burton Neil to discuss a settlement and they responded with 100% over 2 years, 6% interest and would continue with complaint to get a judgement and would keep the judgement until repaid in full. With the complaint was the same 2 page statement and a VERIFICATION not a VAIDATION form by someone maned Mary E. Crum stating she was an employee of Citibank Credit Services-- has anyone had the some VERIFICATION form sent by this Crum?. I intend to respond to the complaint by stating " I can neither confirm or deny without validation-- then see what happens. If it goes to discovery will demand all records, etc. Any other suggestions? In advance thanks for any help.
I thought if I filed the Motion to Dismiss and I did do it pro s
I thought if I filed the Motion to Dismiss and I did do it pro se, that they would do what Maggie said and I would win, but they asked Chase for a Memorandum of Law with Citation to Authority. Chase then came back with some case law about the debtor being responsible even without a signed contact. It is not over yet, but it has bought me time and depending on what state you are in, they might dismiss it. I am in Fla.
As for filing, I would say Motion to Dismiss on the grounds the Plaintiff failed to attach a contract or agreement with the complaint that states I am obligated to pay this alleged debt.
C9iti CC- Burton neil
Thanks for the info, Did you find a format for the response somewhere that you can directme too- I will be pro se also.
I don't know what happened to the rest of the posts, but I would
I don't know what happened to the rest of the posts, but I would file a Motion to Dismiss because the Plaintiff failed to attach a contract or agreement with the Complaint that shows I am obligated to pay this alleged debt.
You can do it yourself, just make sure you file on time with the right heading on the paper work, the local clerk can help or google it.