Being sued by Allen Adkins in Texas
Date: Fri, 07/22/2011 - 09:48
They basically sent me a letter advising that the debt was real, and it was signed by someone in the office.
A few months later, they send me a packet containing copies of credit card statements.
Today I received a letter left behind by a process server advising me that he had attempted to deliver legal documents to me. I also received, on the very same day, three letters from various lawyers looking to help me (they work fast don't they.)
I checked with the Harris County Clerk and yes, they have filed a lawsuit on behalf of Citibank. I will receive the documents later today.
I'm wondering if I really need a lawyer. Is this something I can handle myself as far as showing up in court?
I sure as hell can't afford to have them win a judgement and empty out my account.
Any suggestions would be helpful. Thanks.
Allen Adkins
I've worked with Allen Adkins on multiple occasions, and if you're in a position to settle your account you should have no problem.
First, though, you'll want to file an answer to the summons you're about to receive. After you've filed your answer you can begin negotiating with their office. If you can't afford a settlement, inquire about a payment arrangement. If they agree to a payment arrangement, though, they'll want to enter a stipulated judgment (aka agreed judgment) to ensure that they have a judgment in place just in case you default on your payment arrangement.
Let me know if you have any further questions. Good luck!
Marie Megge
Donaldson Williams, Inc.
The very first thing I would recommend is to determine if the de
The very first thing I would recommend is to determine if the debt is still within the statute of limitations under your state civil code. If the debt is outside the SOL (i.e., the SOL has expired), then you have an absolute affirmative defense in court. You simply show up in court, assert your SOL defense, present your documentation, and if proven, the judge must grant you summary judgment without going into the merits of their case. It will have been shown by you to be an uncollectible debt.
You need to look up the statute of limitations for the type of debt you owe. If a CC, it will normally be included under an open ended category of debt. Then determine the date the SOL began to run, which is usually your first date of delinquency on the debt after which you never became current. In FCRA lingo, this is the same as your DOFD. Make sure your state does not have any provision for reset of that SOL commencement date based on any actions you have taken, such as firm offers to pay, or actual prior payments. Once you know the date of commencement of running of the SOL, and that your state period has expired, you just show up in court with your proof of, for example, DOFD, and you will have proven your case.
If you are still within SOL, then any SOL defense is unavialable, and you must then address their action on its merits. That is time to secure an attorney.
Allen Adkins
Citibank typically sends accounts to Allen Adkins within 12 months of charge off, so it's pretty safe to assume that the SOL doesn't come into play here. Never have I seen a substantially delinquent account wind up with Allen Adkins.
Marie Megge
Donaldson Williams, Inc.