Debt Collector Lawsuit
Date: Sun, 07/17/2011 - 15:22
On April 18th I answered the summons denying allegations for lack of knowledge. I also sent a debt disclosure statement.
I went to court May 31st and the Lawyer sent someone from another firm to say they did not have time to get the debt disclosure done and asked for continuance.
The judge cont'd till July 12th.
In the mean time I Subpoenaed the lawyer that summoned me and the debt disclosure statement along with original Credit Contract signed by me, bill of sale, copy of all receipts, certified breakdown of alleged owed....
Well, to my dismay they filed a motion to quash the subpoena and the judge did.because he said I could not subpoena the lawyer in a civil case.
Now court is postponed for another month. The judge did tell me there was a proper way of doing this and he was trying to help me out.
My question is...what do I do now?
Do I file another subpoena just for records or do I file a motion to compel
or file a motion to dismiss with prejudice?
Or do I just show up and hope they still don't produce docs and hope the judge dismisses it for lack of proof?
I'm at a loss and can't afford an attorney.
Please advise!
Thanks
Citibank as a general rule does not sell their accounts...they p
Citibank as a general rule does not sell their accounts...they place them with law firms. Your summons should tell the story....if Citibank is the plaintiff, they still own it.
Quote:
...Credit Contract signed by me, bill of sale, copy of all receipts, certified breakdown of alleged owed.... |
Credit cards are electronic....you wont get copies of receipts or bill of sale. When you use your credit card, you may sign a slip...however that stays with the merchant. You will get copies of statements and credit contract if available...did you apply for this account online?
Citibank can provide proof...and they generally get their judgments.
Hi, This is quite a complex situation and I think that it will
Hi,
This is quite a complex situation and I think that it will be better if you get advice from an attorney. If you can???t afford an attorney, try to find out of there are any such attorney sin your place who offers free advice. Did you check your credit report? If not you should do that to find out the details of the debt and when it was handed over to the collection agency.
Thanks,
Marvel Becks
Debt Collector Lawsuit
Thanks for the replies.
According to my CR, Citi charged off my debt. No specifics other than that.
The lawyer try to convince the judge since I was Pro Se I was just sending forms off the internet and tried to say the ques. were irrelevant. the judge told him there were legitimate ques that needed to be answered.
I just didn't know if I needed to subpoena the records again as a separate motion without personally subpoenaing the lawyer or since they have not shown any proof or answered any ques, should I file for dismissal?
Thanks