Question
 | |  | | | 
Mar 3, 2007, 06:41 PM
| | New Member | | Join Date: Mar 2007
Posts: 8
| | | I am being sued by citibank for $3140. They turned my account over to GC services and I had several unpleasant conversations with the people in their offices. I very stupidly gave my bank account information to a guy working there (don't ask, I know that was foolish). I moved all my money into my other bank account in case he tries to take more than we agreed on, $25 to "hold the account" for another 7 days, at which time I would pay him $500 and then $50 a month thereafter for six months. This deal sounded good, but the problem is that he never said anything about it before and it's not in writing, it's just his word. He is probably lying and now I'm worried my bank account will get overdrawn.
On top of that, there's still the matter of the summons that I have been told by GC services that I will receive by the end of March. I have been told that I will be sued for the amount of $3140. At this point the only options given were to pay the full balance, pay a settlement, or get sued. The $500 was mentioned as something that would hold the account for 30 more days, not as part of a payment plan. My account is in pre-litigation. Nobody is going to give me a payment plan, which is another reason I think this guy is full of crap and was just trying to tap my bank account, which he can now do since I was an idiot and gave him my bank numbers.
The question is: how can I avoid a lawsuit? I do not want to go to court, because I will be liable for all of citibank's legal fees per the contract I signed when I applied for my card. I will do anything to avoid this. Please help, I am stressing about this and I just bought a tape recorder for nothing. Recording phone calls is illegal in this state without the permission of the other party, and I know the guy will not agree to having the phone call recorded, if he really is trying to screw me over, which he is.
Help. | | | | | | |
Answers
 | |  | | |
Mar 3, 2007, 07:40 PM
|
#2
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 21,899
Pay to call ScottGem for advice ($.75/min) | The only way to avoid court is to pay the balance or settle the account with a written agreed upon settlement plan. If they won't offer sich a plan you have no option. |
| | | | | | |  | |  | | |
Mar 5, 2007, 07:45 AM
|
#3
| | New Member
Join Date: Mar 2007
Posts: 8
| How to avoid court So I am being sued by citibank for the amount of $3140.
The thing is, I would do anything to avoid appearing in court for two reasons. One, I don't want a public record to show up on my credit report. Two, they are making ME responsible for all of their legal fees, as it was written into the contract I signed. I will never pay that off. It will be an absolute disaster.
I cannot pay the settlement of $2300, I just don't have that kind of money right now. I cannot pay the full amount. If I don't show up in court, I understand they will take my money anyway, but I can't be charged for legal fees since there was no court appearance...right? |
| | | | | | |  | |  | | |
Mar 5, 2007, 07:49 AM
|
#4
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 23,716
| Wrong there is a court appearance, thier attorneys show up, and they file a motion for a default judgement.
At this point you already have some of thier legal fees due, for even preparing the paperwork. In the terms and conditions for your credit card you would have agreed to pay these fees.
So you will be billed thier legal fees if you show up or not.
If you show up, you have at least a chance to challege some of the charges, and to show you offered a payment plan they refused.
They will have a court hearing if you show up or not |
| | | | | | |  | |  | | |
Mar 5, 2007, 10:38 AM
|
#5
| | New Member
Join Date: Mar 2007
Posts: 4
| How long is it usually before you get sued? |
| | | | | | |  | |  | | |
Mar 5, 2007, 10:43 AM
|
#6
| | Full Member
Join Date: Feb 2007
Posts: 275
| YES, you will be held responsible for court fees even if you don't show up,..Do make sure you go.
You can't run from lifes problems they will still be there in the long run..be mature and go to the court hearing |
| | | | | | |  | |  | | |
Mar 5, 2007, 10:49 AM
|
#7
| | Home Repair & Remodeling Expert
Join Date: Dec 2006 Location: Wheaton, Illinois, USA
Posts: 8,137
| I hear you saying you can not pay the $2300 but apparently you were also unwilling to make the minimum monthly installments. That probably was only $23 amonth so whats going on here? They will get a judgement and then you'll be paying anyway unless you've declared bandruptcy. Show up and offer a settlement, you do owe them the money. |
| | | | | | |  | |  | | |
Mar 5, 2007, 01:27 PM
|
#8
| | New Member
Join Date: Mar 2007
Posts: 8
| Quote: | Originally Posted by ballengerb1 I hear you saying you can not pay the $2300 but apparently you were also unwilling to make the minimum monthly installments. That probably was only $23 amonth so whats going on here? They will get a judgement and then you'll be paying anyway unless you've declared bandruptcy. Show up and offer a settlement, you do owe them the money. |
I understand that but I don't have $2300 sitting in the bank to give them. I would come to some other kind of agreement but it seems next to impossible now.
The man at the collections agency said he would let me pay $500 then $50 a month and this would go away, but why should I trust him? He's there to get the company money, not to offer me a nice payment plan.
What happened is that I was out of work for a long time. And the payments were actually $60 a month when the account was still open.
I won't mind if the judgment is that I pay something each month, I just can't deal with them taking my bank accounts and wages. That's something I want desperately to avoid. I also wish I didn't have to get sued because I will have to pay their legal fees on top of everything else. I am just a student, I fell behind, I don't deserve this at all. I paid my credit card for a long time without any problems, and the second something goes wrong they're on me like hungry jackals. |
| | | | | | |  | |  | | |
Mar 5, 2007, 05:46 PM
|
#9
| | New Member
Join Date: Mar 2007
Posts: 8
| Sorry for so many threads. I didn't mention this before, but the man at GC services, the collection agency, offered me a deal. He said if I paid him $500 next week he would let me pay $50 a month for 6 months and then my account would be back in good standing.
But I don't think I can trust him. I asked and others said I should get this agreement in writing because he is trying to screw me over. I don't know what to do. It sounds like this could be the answer to my problems, but he could be deceiving me and screwing me over. It's his job to get the company money, not to help me.
He said I wouldn't have to get sued, go to court, have a charge-off on my account. I would love to avoid these things...but it sounds too good to be true and he's just trying to screw me over in the end.  |
| | | | | | |  | |  | | |
Mar 5, 2007, 05:48 PM
|
#10
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 23,716
| Ok, it is best if you don't start a new thread, but merely add this as a post on your orginal thread, since I have no idea about what your other posts said????
But it is easy, tell him the plan sounds great, ask him to put in in writing, and you will send the check for the 500 the day the offer in writing gets to you. If he does not want to, then it was not a real offer. |
| | | | | | | | Question Tools | Search this Question | | | | | Display Modes | Linear Mode | |