Judgement filed in '09, Can they sue again?
Date: Sat, 04/14/2012 - 14:38
Today I get a letter from a new attorney (appears legit) saying they are representing Citibank. I've had nothing ever show up in the mail here from anything but junk credit card offers (in almost 2 years of living here). So clearly they have tracked down my new mailing address. They offer a settlement of 60% off of the total (I should note the total on this letter is $2500 less than the amount from the initial judgement:confused: when I was sued in '09).
My question is, should I send a DV letter? Does that open up the contact again so they can reset the time before it falls off of my credit report? Are they trying to establish some kind of ability to sue in our new state we live in? The SOL in our state where I was sued was 6 years. The SOL in our new state is 5 years. Does it transfer when you move or go by the state where the debt was incurred? What happens if I just ignore it?
Back when we dealt with this the first time, I feared a judgement and being sued like it was the end of the world. Now that it has already happened, what more can they do? I seriously bent over backwards trying to pay them a HUGE lump settlement in 2008 and the debt collector was such a jerk. Basically refused my payment because I asked for them to add wording saying they can't collect after I pay the settlement amount.
DId you read any of the paperwork you signed??? Sounds like you
DId you read any of the paperwork you signed??? Sounds like you sued a contingency judgment paperwork....and since you didnt follow thru, they got their judgment. Judgments report for 10 years and the SOL start all over again depending on the state you reside in. So SOL's for the state you lived in prior to now are moot.
Hi, The letter that you received, was it from Citi or a collect
Hi,
The letter that you received, was it from Citi or a collection agency? There wouldn't be a point in sending a debt validation letter in case the communication was directly from Citi.
Cheers,
Nate
To answer both questions.....
Soaplady, I didn't sign any official papers. I just signed my name in a calendar square the attorney showed me for his day's cases saying I had shown up for court. It was the court's fault we weren't seen that day. The attorney basically said to avoid having to come back again, I could work out the settlement through mail when I told him we were definitely trying to make a settlement with a lump some of money we received. So I mailed in the letter asking for paperwork and they never responded. Fast forward 2.5 years and now I get a letter from a brand new attorney. But my credit report shows a Judgement on there. Just curious how Citi can re-sue if I already have a judgement. What more can they do now?
Second answer was for Nate. The letter is from an attorney representing Citi. It says no attorney has even looked at the details of the case yet, but here is our offer of 60% (I've settled with all others for 30% or less)....mail the check for $xxx.xx to this address, blah blah blah.... It also says if I don't respond they will assume the debt is valid and pursue action.
You cannot be resued....the judgment is still in effect. Quote
You cannot be resued....the judgment is still in effect.
Quote:
I was sued in 2009 by Citi (the only one that would not settle) and went to court in a wheelchair because I was on bedrest during my pregnancy. We never got to see a judge because the court was backed up that day, so I met with the attorney. I agreed to pay a settlement in Jan 2010 once my pregnancy was over. |
Did you ever check the court docket to see when your case was rescheduled?? It was more than likely rescheduled and you didnt show...that is how they got the judgment. Have you checked the court dockets to see what happened??