Citibank lawsuits

You would have to go to the court house to find out how and where they served you....it looks like you didn't know about this lawsuit so checking everything in the court file should be #1 on your list.

I have yet to figure out why companies sue in Texas, the majority will never get their money. The get a judgement, they can not attach to your homestead, they can not garnish your wages and if people are smart they will close out any bank account they have so they can't get a writ to get that. Their only chance of recovering, is if the person decided to pay it off or the person sells property that isn't homestead property and that would have to be property that is in the county that the judgment is filed in, and the judgement would have to be abstracted to the county clerk of the county, if it is just left sitting in the JP or district files and not abstracted, then they are just out of luck collecting it.

I am also a "victim" of this law firm by the name of Allen L Adkins & Associates, P.C. They have also just filed a lawsuit against me on behalf of Citibank. However prior to them filing the lawsuit the only form of communication was a letter sent a couple of months prior. I find myself in this situation due to some bad choices but have been working on settleting my accounts will all of my creditors and all the banks have been very cooperative including Citibank. The law firm never not even once leave a message or made any attempts to contact me prior to filing their suit. When i brought this to their attention they claim that Citibank did not provide them with any phone#s but then a manager at this firm contradicted it saying that due to the content of their messages they cannot leave message which is obviously not true. I feel this organization is using these lawsuits as a defamatory action to bully consumers and are just looking for an easy way collect debts. They have stated that Citibank will not accept a settlement that I offered even I faxed them proof of a settlement Citibank just approved two days ago. I seriously doubt that they have even contacted Citibank regarding my offer and i will be getting in touch shortly with the "Agency Liason" that oversees this firm to file a formal complaint against this lawfirm. If anyone else is being sued by this Law Firm and feel that they have not given you the opportunity to work out a reasonable arrangement to satisfy your account prior to filing the lawsuit I suggest you also file a formal complaint so Citibank is aware that they are tarnishing peoples names by filing these lawsuits that will have lasting affects on your public records. I will post instructions later as to how to get a hold of an Agency Liason at Citibank or any bank for that matter to file these formal complaints.

I wrote and sent a certified letter to Citibank client services in San Antonio, TX and they never answered. I have asked over and over for Allen Adkins to supply documentation that Citibank has retained them and has gone on for several month and they have attempted to get a judgement. I have a court date and plan to go and use the Texas law in the failure to comply and sending official looking documents that hearing/calls have been set up but never posted in the court.

In Texas Allen L Adkins & Associates PC is listed with the State of Texas as a 3rd part debt collector

Principal Name: Allen L Adkins & Associates PC # 90

Address: 4010 82nd Street
Lubbock, TX 79424
File Number: 20070017
Status: Active
Date Filed: 1/23/2007
Cancellation Date:
Phone:
Bonding Company: Hartford Casualty Insurance Company
Bond No: 46BSBDS4061


File with the Texas Attorney Generals Office and the Federal Trade Commission and let them know that yes you might owe a debt but if Citibanks alleged attorney will show he has been hired and their name address & contact information then these agencies should help. Also invoke rule 12 of the Texas Civil Court procedures in a motion asking for them to disclose. Don't be surprised if the judge denies and when going to court ask always to be put on record so you can appeal later.

In Texas Allen L Adkins & Associates PC is listed with the State of Texas as a 3rd part debt collector

Principal Name: Allen L Adkins & Associates PC # 90

Address: 4010 82nd Street
Lubbock, TX 79424
File Number: 20070017
Status: Active
Date Filed: 1/23/2007
Cancellation Date:
Phone:
Bonding Company: Hartford Casualty Insurance Company
Bond No: 46BSBDS4061


File with the Texas Attorney Generals Office and the Federal Trade Commission and let them know that yes you might owe a debt but if Citibanks alleged attorney will not show he has been hired and their name address & contact information then these agencies should help. Also invoke rule 12 of the Texas Civil Court procedures in a motion asking for them to disclose. Don't be surprised if the judge denies and when going to court ask always to be put on record so you can appeal later.

Contact the Office of Controller of Currency in Houston, TX and file a complaint asking to see if Citibank South Dakota N A is suing you. Give them all the information so they can seek to get an answer. We need a way to see when or how these are sold and bundled, but I do not know how to obtain this key piece to this puzzle. I bet they inform you that they sold the debt. A class action lawsuit should be considered for past and present people who have received jugments. I would recommend contacting the district attorney as well and show how every month there are considerable numbers of lawsuits be filed and there is a pattern. The DA will open up an investigation if they can proof a pattern. The courts do not need all of the robo lawsuits. Rule 12 did not work in Harris County as the Judge denied the motion to show. Also fot to the Federal Trade Commission an open up a report. Write, call and email anyone who will listen. This is a major problem for all.:rolleyes:

Between Allen Adkins and Michael J. Scott they have filed over 2600 lawsuits in 2010 and 600 so far in 2011 just for Citibank alone here in Houston. Is this considered robo filing?

SO WHAT IS A GIRL TO DO???????? That my friends is the question??? I have been reading all these message boards on advice as to how to answer and what to do if served a summons by Allen L. Atkins Law Firm in reference to a credit card debt by Citibank but I have not seen any answers outlining the results of such suggested actions. I own property in Texas so I am most certain I do not want a judgement. Once I answer the summons, send in my paperwork.... then what happens??????? Can someone tell me PLEASE!!!! I am a single mom looking for work and with no child support coming in this was exactly what I DIDN'T need. I can't afford legal counsel so ANY advice would be great. After the summons is answered then what I am to expect? Is there any way to beat this without getting a judgement against me???? Will they levy my bank accounts and if so at what point does that happen.

ANY help would be greatly appreciated.

Have a GREAT week everyone.:p

What kind of property do you own? if it is your home then that is safe. You also can't be garnished at work (when you find employment). The only thing they can take from you is your bank account. My suggestion would be to empty your bank account and put the money in those prepaid debit cards.

How did you answer the summons? Did you offer any affirmative defenses, any counterclaims?

Basically during discovery you will want them to send you documentation proving up the account.

I didn't answer the summons yet.... any suggestions?????

How long did your account with citibank stay in collections before they started trying to sue you???? ACKKK....Mine just got turned over to Alliance One, which I have read on here---is bad news.....

Kelly: Can you post the claims of the suit and we can help you answer them. Also let us know if anything else was attached such as statements, affidavits, anything. We also need to know how old this account is, when did you last pay anything on it?

Contact the Office of Comptroller of the Currency in Houston, TX and file a complaint on line http://www.occ.treas.gov/ against Citibank. Go to Customer Complaints, then select on the left side of the page Helpwithmybank.gov. It takes you to "Need more help" on the right side of the page and select "filling a complaint".
You may be lucky. For me it was a wast of my time. After waiting for 3 months for their response, I called and woman told me that I will get a response in 7 days. Well, 5 months passed and no response. Moreover, this is crazy because when checking status on my case on the internet, it says that response was sent to me and case is completed. What a lie.
I wrote also to two OCC leaders ( they call themselves "leaders" ) and nobody responded. They ignore individual customers. If you read more about OCC ( the office of the Comptroller of the Currency), which was established by Congress and supposed to oversee our banks, you will learn that OCC collects assessment from ....banks in order to do their review!!! So, how you can count on OCC to fight for you with a bank. OCC needs banks to get money for themselves!
What I am going to do now is to write to Senate committee on banking to see how far I can go in order to get somebody interested. However, after seeing this mess with mortgages, I dont count on anybody's attention to my problem.
My immediate action is going to be: I will take all money from Citibank and leave them a zero.
Good luck!

My account never went to collections I don't think. Allen Atkins is sueing my on behalf of Citibank - not a CA. I lost my job and just couldn't make payments on my Cc anymore. PLUS........ I have had that CC for 11 years and one day without ever being late on a payment my interest rate went from 8.9% to 29.99%. When I called them about that...... they said they did that to everyone and after 12 months of good payment history they would review. GOOD PAYMENT HISTORY.... I had never been late to begin with. A couple months later I was unemployed and stopped paying on it anyway.

Just wondering what the process is AFTER you send in your answers to the REQUEST FOR ADMISSION, REQUEST FOR DISCLOSURE, FIRST SET OF INTERROGATORIES AND FIRST SET OF REQUESTS FOR PRODUCTION??????

Any suggestions on how to answer. I am desperate here:(

Thanks for everyone's help.

I am being sued by Allan Adkins representing Citibank, I filed an answer, and they sent letter back that they can't validate debt at this time! I have been trying to get all these settlement thru a settlement company and they won't settle! I have a status conference set for May 19, does anyone know does Alan Adkins lawfirm normally appear being that they are about 5 hrs away from the court it is filed in? Thank you

I sent in my reply, got my Return Receipt Card back that they received my paperwork and May15th is will have been 30 days since I sent my answers in and nothing. I have not received word one from Allan Adkins office. How long did it take for you to get a letter back from them? Keep me posted and I will do the same if anything happens with this. I have read that they file HUNDREDS of these cases in hopes that people will just ignore it and they will get an automatic judgement.

You must object or answer each request for admission, requests for production and interrogatories within 50 days of being served with them if they are filed with the lawsuit. If you do not, the requests for admissions will be deemed admitted and they will use it as evidence to get a summary judgment against you. Many of these requests for admissions and other requests are objectionable as assuming facts not in evidence and improperly attempting to shift Citibank's burden of proof to consumers. Moreover, the use of these against consumers is arguably a continuation of unfair debt collection practices in violation of federal and state law.
There are many defenses and counterclaims you can assert particularly if you were not given written notice of Citibank's intent to sue before they filed the lawsuit or Citibank engaged in other unfair debt colelction practices under state or federal law. Some may be unconcsionability, State and Federal Unfair Debt Practices Act violations, State Deceptive Trade Practices Act violations, failure to comply with conditions precedent, unclean hands, changed cicumstances, illegality, fraud, failure of consideration.
Some lawyers will take these cases on contingency fees so you should google it. I am guessing someone will file a class action before long.

Looks like this topic was hot a few months ago- I received a call on Friday from a Florida attorney who said Citi has hired him. The lawsuit process sounds like a real headache that I'd just as soon avoid. If anyone knows of a department at Citi that I can negotiate with, please send me info. If an attorney is considering countersuit due to unfair collections, I'd like that info too. My last payment was 5/1 so I'm not even at 90 days yet.

With the account assigned to an attorney, you will have to deal with him. Citibank hired him under contract and they will not get involved.

Are you in Florida, as well? If so, Citibank means business. If not, there's a good chance that Citibank hired this attorney as they would a collection agency, without the intent to sue. It's rare to see a Citibank account go to an attorney after just 90 days, but it's not so rare to see them end up with collection agencies at this stage of delinquency. Bottom line is it depends on what state you reside in to know what Citibank's true intentions are.

I am in Florida, and it is sounding like Citi probably really does intend to sue me. At one point, I spoke to a rep at Citi who told me I wasn't eligible for a settlement because I was already in a hardship program. She offered to "escalate" my account so that I'd be eligible for settlement negotiations. It sounds like I should have taken the 50% settlement offer... I thought I'd be able to get it down to 35%. That was 7/24. I think escalation is why the attorney has it now. I received the attorney's letter yesterday. It specifies 30 days to request verification. I'm thinking I'll contact him again in another two weeks to try to negotiate again, and if that fails, then do a verification request toward the end of my 30 days. Opinions on that strategy?

What law firm is this? Are you actually speaking with the attorney, or one of their representatives?

It is Zakheim & Associates, which I hear on this forum is terrible to work with. the man I spoke to claimed to be an attorney but called me on a Saturday morning at 8:30 am.
I'm scared and would like help - how do I find someone who can help me?

This guy is not an attorney. Zakheim has bill collectors make these calls; the attorneys within the office do not. We just settled a Citibank account with Zakheim within the last two weeks for $10,000 on a $26,200 balance, and our client also resides in Florida, which means he can be sued, as well. So, don't let this guy give you any of his nonsense - they can and do accept less than 70% of the balance.