logo

Debtconsolidationcare.com - the USA consumer forum

Being sued by Citibank

Date: Sun, 01/02/2011 - 22:10

Submitted by anonymous
on Sun, 01/02/2011 - 22:10

Posts: 202330 Credits: [Donate]

Total Replies: 4


I am being sued via a summons served to me 12/29/10. It is by Citibank in which I owe 13k. The court is Los Angeles. I really need to know how to file an answer. My google queries only turn up people selling books on how to beat cc debt. Does anyone at all have step by step advice on the answering this summons. My wife is a teacher about to have open heart surgery and I am unemployed. I tried to work out a payment plan before with Citibank but they were unyielding on payment options. HELP!:cry:


Hi!
Welcome to the forums!
I would suggest you to get help from an experienced lawyer in Los Angeles. He can help you in giving a proper reply to the summons. Make sure you attend the court hearing with your lawyer and all the relevant documents. Carry the documents that prove that you're currently unemployed. the court can't issue a judgment order against you if you don't have a job.


lrhall41

Submitted by Good Nelly on Mon, 01/03/2011 - 01:51

( Posts: 2846 | Credits: )


Log into the LA county website and look up the rules for civil procedure. The OP is unemployed...do you have any idea how expensive an attorney is in LA??

The court CAN and will issue a judgment against you if you are unemployed. You may be unemployed right now but a judgement can last up to 20 years. The creditor will just wait it out.


lrhall41

Submitted by SOAPLADY on Mon, 01/03/2011 - 03:01

( Posts: 17315 | Credits: )


Filing an answer will open some opportunities and buy some time.

Questions:
How long has the account gone unpaid?
What was the balance when you originally defaulted?
What is the name of the firm suing you?
What were the names of the agencies (if any) that were contacting you about the account prior to being contacted by the law firm?
Do you own your home?
Is their equity?

Answering these questions may provide details that would suggest your next best course of action.

First thing first. Assuming you are being sued by citibank and not a debt buyer:
Can you access resources to pay a settlement equal to 50% to 60% of the current balance? You mentioned trying to set up payment plans in the past to no avail so I assume you do not have ready access to funds for a settlement. You are in an emergency to resolve the debt so I would encourage you to think of any and all creative means to come up with the money via unused items, loan from friend or family, borrow (not withdraw) from retirement account if current cash flow makes it mathematically feasible and it will provide a short term cash flow benefit, are you expecting a tax refund - what is the estimated amount - could that amount assist in funding settlement along with other funds were you able to buy time in the court process......

Yes, attorneys defending against credit card litigation charge money. Sometimes it is worth the expense. If the suit is legitimately citi as plaintiff you should look to come up with a plan to settle or make payments to avoid judgment.
If it is from a debt buyer, there are attorneys in your general area who may charge a retainer of 2k and higher to defend it and may win out on best evidence etc... How much you are being sued for (13k), and if by a debt purchaser, may make hiring an experienced credit card/debt buyer attorney to assist you a financially sound decision.

As Soap suggests, there are local rules outlining your courts procedures. Becoming familiar with them and the styling of your answer could help. Your goal in answering the complaint is to not have default judgment entered and to keep your options open. You must create enough of a controversy in your answer so as to also set yourself up to win out if the attorney later files for summary judgment. Denying allegations based on owing the debt, or the amount of the debt is sometimes where your attorney would start.

You seem to want to avoid buying a book, but if you were to purchase one, NOLO Press puts out some fairly good material for this type of thing.

Is this the only outstanding debt you have?
Will there be additional expenses given your wife's medical condition?

If so, and if you have not already done so, consult with a couple bankruptcy attorney's and find out if you can qualify for chapter 7 and how it may affect you and your families mid to long term goals.

If this is the only debt out there and you do not expect additional debts adding to your current financial hardship, a 13k debt that could be settled for roughly half or slightly more would mean filing BK over what is potentially a 6-7k issue, so it would be rational to explore alternatives.

Many attorney offer the initial BK consult at no charge.

I hope this helps. If you answer some of the questions I posed, there may be more to comment on.

I hope your wife's surgery goes well and she has a speedy recovery and wish you success in a speedy financial recovery as well.

Oh, by the way, Soap is 100% accurate in correcting Nelly. Your employment situation will have no bearing on the court process whatsoever. If it does come into play, it will be for qualifying for exemption from garnishment or reduced garnishment due to your financial situation when enforcing an existing judgment. Equally, your lack of employment, if leveraged appropriately, and your wife's current medical condition could be used to further your settlement efforts either prior to, or after your answer is filed.


lrhall41

Submitted by MichaelBovee on Mon, 01/03/2011 - 09:20

( Posts: 125 | Credits: )