logo

Debtconsolidationcare.com - the USA consumer forum

collection agency is suing me

Date: Thu, 10/14/2010 - 09:23

Submitted by jleeunj
on Thu, 10/14/2010 - 09:23

Posts: Credits: [Donate]

Total Replies: 6


Hunt & Henriques(a collection agency) is suing me for Citibank. I just called the Citibank and they told me that my account is with collection agency, Hunt & Henriques and I need to talk to them and not with Citibank. I've already answer their summons and asked for statements, contracts, etc. Hunt & Henriques sent me copies of my statements and "Declaration of Plaintiff in lieu of personal testimony at trial" signed by somebody at Citicorp Credit Services, Inc, the servicing agent for Citibank. Question 1: can I assume it's the collection agency suing me?
Question 2: my trial date is set for 12/2/10, what should be my strategy at this point?
Question 3: Can I win?


Quote:

Originally Posted by SOAPLADY
Citibank is very agressive and can prove that you owe it.....so they will more than likely win.
Try calling the attornies office and maybe attempt to settle.


With all due respect SoapLady, Citi will not win the case. They are playing a giant game of chicken to see if the OP will blink first and settle. I live in Georgia and have been sued by Citi for two different cards. In full disclosure, I had an attorney representing me, but he said that Citi will not send an employee to testify in any case, and they must have an employee with specific knowledge of your case testify in order to win. No matter how many statements they produce, it is all considered hearsay unless an employee of Citi with specific knowledge of the defendants account testifies to the validity of the evidence. Not even an affidavit in lieu of testimony will fly in any court. Their game is to intimidate you into settling. They know that most people do not have an attorney and are intimidated by the process, so they throw all of this so called evidence at you in order to scare you into settling.


lrhall41

Submitted by on Fri, 10/15/2010 - 18:48

( Posts: | Credits: )


It could be that Citi is hoping for a default judgement. I once read a story about a debt 1 whose caller ID information read 'Mr. Default Judgement' when he called. A default judgment is what happens when you don't respond to the summons and don't appear in court.

Check the rules for the court and state you're being sued in, the statement in lieu of appearance might be enough for them to win in your state.


lrhall41

Submitted by J. Matthew Muir on Sat, 10/23/2010 - 03:02

( Posts: 21 | Credits: )


I asked the judge to have allen L adkins & Associates suing me under Citibank to show authority un Rule 12 in the Texas Civil Courts. The judge denied my request and the attorney had a paper that eluded to the court not liking my motion. Has anyone had this happen?


lrhall41

Submitted by on Tue, 11/09/2010 - 15:08

( Posts: | Credits: )