I am being sued by a citi claiming I owe them almost $13000.00 I denied the whole thing answed the summons and sent them discovery. They inturn sent me discovery also I asled them to provide me the original cccontract with my signiture and they didn't they clain that it was attached to the summons. The only thing attached to the summons was awhat look like a statement that has my name ans address dity name and address the alleged account number summery of activity showing the lumsum amount and that sort of things they says this is a contract is it because I don't think it is. I would love to see the original agreement with my signiture on it. Do I have the right to ask for this. I did have a cc account with citi but the account they are alleging is not the same account number I have in my position dose this mean anything because this is what I have been basing everything on. Please help I would love to reply to them and soon there is not a court date yet they have askd me to call to settle or they will letigate the suit towards judgement please help. I cannot afford a lawyer and I certainly will not pay a debt that is not mine even if I was able to. Which I am not. PLEASE HELP ME RESOLVE THIS111

Ok, look at the statement of charges, did you go to those stores and spend and buy 13000 dollars worth.

What was the address on the account ?

Most credit cards are actually seldom done in a written contract, most are applied for online with online signing. So there may or may not be a real "contract" even at best normally it is a post card you sign and send back.

If you did not make the charges, you should file a police report for stolen ID. If you did make them, you can of course still deny them, in court and make the credit card company prove they are yours. But be sure you can deny them, look at the address of the billing, ( was it yours) look at the items purchased, was it things you bought ?

You need to decide if this is really your debt or not and then proceed in that direction with a defense.

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread. {Edit, found your other post and merged them}

Sounds like you are doing the right thing so far. Stick by your guns. Respond to their discovery and answer any questions with the stock answer: I can neither confirm nor deny this debt until I receive proof that I entered into a contract with you.

Tell them to litigate. This is nothing to be afraid of. When you go for the hearing, you simply tell the judge, that you do not believe this account is yours and they have provided no proof that it is.

Scottgm thanks for te advise I didn't know how this worked. And I will answer I intended to. Fr_chuck this is what I am saying there is nothing like that no brake down nothing just my name and an amount nothing to show how they came about that amount. And know I didn't apply for a credit card on the internet. Is here some way for me to send a copy of what they sent me I want to know exactly how to clasify it tere is no break down or anything. Please help and thanks so far

Thanks for your speedy reply first of all. Secondly there was no breakdown on the statement nothing. I wish three was a way for you to see it so that you can help me classify it I really want to get this right. I have five little ones and I don't need this to follow me around for ever I also want to teach them to fight for their rights

What you are describing doesn't seem to be enough to win in court. So don't sweat it. Tell them you don't believe the debt is yours and that they can't prove it is, so sue.

So scottgem based on what I describer to be attached to the summons would you call it a cardholder agreement because in his reply to my discovery he said the original cardholder agreement was sent o me and the plaintiff as a copy well I have nothing of the sort and why would I have the original if this is what I used to apply for the credit card wouldn't it or shouldn't it be the other way around. Based on what I described does it sound like the original card holder agreement o you cause it sure doesn't to me it has no signature or anything it looks more like a statement with no details. Thanks

THis should not be posted as a new thread... it should be an answer to an existing thread... requesting they be merged.

Find and answer your original thread... don't creat new threads nobody will see... requesting THIS one be merged as well.

OK thank you I am sorry

Maybe merged all of them /?

Maybe merged all of them /??

Apparently so, I requested to be merged into this thread.

... if someone can clean up my two comments to merge two separate answers into this thread please.

Guys please forgive me I am really new to this I am so sorry for making a mess I will go and read the rules before I type anything else. SORRY AGAIN and thanks for the help so far. God Bless.

So based on what I describer to be attached to the summons would you call it a cardholder agreement because in his reply to my discovery he said the original cardholder agreement was sent o me and the plaintiff as a copy well I have nothing of the sort and why would I have the original if this is what I used to apply for the credit card wouldn't it or shouldn't it be the other way around. Based on what I described does it sound like the original card holder agreement o you cause it sure doesn't to me it has no signature or anything it looks more like a statement with no details. Thanks

>Threads Merged<

Was there ever a replacement card issued? That replacement might have been issued canceling the old card, but having a new number, but actually not being a new separate account. Meaning no new signatures, and no new contract. That can explain why numbers may not appear to match, but do. Did you ever contest these charges when you received the bills they appeared on?

Rule #1. If this does end up in court, do NOT blow off the date... you might have an airtight case in your favor, but if you fail to show they win everything they ask for by default.

So tell them what you received does not look like a copy of an agreement and you don't believe they have proven this is your account.

I never got a replacement card everything I have from them is in a folder my credit card issued me my past statements and past payments. When I stopped using the card it was not expired but up to $6000 but was having trouble paying it which is why I stopped using it. The card has a limit of 10000 limit but I know I didn't spend 10000 on it much less 13000. I wasn't trying to dispute the account I have I just wanted them to prove it was the same account and how they got to that outrageous amount.

Thanks I intended to show up no matter what the worst is I loose but the best no lean or wage garnishment and this is what I am trying to avoid

I never got a replacement card everything I have from them is in a folder my credit card issued me my past statements and past payments. When I stopped using the card it was not expired but up to $6000 but was having trouble paying it which is why I stopped using it. The card has a limit of 10000 limit but I know I didn't spend 10000 on it much less 13000. I wasn't trying to dispute the account I have I just wanted them to prove it was the same account and how they got to that outrageous amount.

OK, so you did have an account and had the balance up to about $6K when you defaulted. How long ago was this? Its not hard for a delinquent balance to more than double in a few years with interest and fees.

Ok so I replied to the summons sent discovery and they send one back for me please I need to know when responding to the interrogatories do I respond on their paper in the space provided or should I retype it and fill I my answers or should I just answer without having there questions on the same paper
Please help I really need to get this done and sent back thanks.

Either way is fine.

Scottgem you said that it could be mine this has only been since 08 six thousand in three years really is that possible man why do people get credit cards. NEVER AGAIN. And the account numbrs being different what do you think about that. Should I ask them to prove it is mine still cause I really don't have anytjing to show that this account number is linked to mine. If they can prove their cas I will be more than willing to work somehting out but I am not going to say it is mine when don't believe that it is.

Yes, you still continue to claim that you do not believe the account is yours. And that they need to prove it is. But if its just a mixup in account numbers, they may be able to correct it. What I was saying, was, since you did default on an account, it is possible that there is just a mixup in account numbers.

Man I pray to God that they cannot prove it is mine because I am unable to pay either way but I do know I will not give up without a fight. Thanks for all your help OK you are truly a blessing if it is OK I will keep you up to date to let you know what the out come is OK and if I have more questions thanks again. And God Bless you and your family it is a great thing you are doing here helping total strangers. Thanks

How do I correctly respond to this interrogatory: state weather you have taken or possess any written or recorded statement, and if so,indicate the name, and address and telephone number of the person who gave this statement and the date on which the statement was given. I am not I am understanding it correctly. If some one can please help me respond to it correctly I will appreciate that

Just reply N/A or no statements are in my possession since I do not believe this debt is mine.

OK thanks I will do that

Plaintiff is asking for copiesof any agreement entered into in connection with the subject credit card account including any amendments or modifications thereto now I know I don't have anything of what they are asking but I need to know the proper way in which to respond please thanks

N/A-I have no knowledge of the account indicated in this suit.

Thank you I objected to it all please wish me luch going to get it all notarized and send it back to them. Thanks again for everything I will keep you poasted.

This almost goes without saying, but make sure you make and keep copies of everything.

Thank you i did copy everything and i have it n my computer as well. I didn't get my copy notarized is that a problem.

I would have done mine, computers crash and data is lost unless you use back ups.

I have copies of most but my ink ran iut but will get on paper thanks and can i still get the copy notarized no problem

Notarization does nothing for you. A notary has no idea of the authenticity of the documents.

Ok I have answered their interrogatories and nothing how long does the usually take what's next

Ok they finally replied and now they have asked for a final court ruling also they have an affidavit and they have the statements with the previous account number which proves that this is my debt what is my next move please I don't see a court date on any of the papers should there be a court date. If yes where do I find it and what do I tell the court when I get there. Thank you will really appreciate a speedy response.

So this IS your debt? Then I would try to negotiate a settlement or payment plan.

Check with the court to see if a court date has been set. If not, then work with them on a settlement. Get whatever you agree on IN WRITING. Once you have an agreement, both of you contact the court to dismiss the suit.

First of all thank you for your speedy reply. Now please let me get this straight contact the court in which the suit was filed to see if a court date was set; If not then contact the lawyer and try to work out a settlement if we come up with a settlement then get it in writing and contact the court both them and myself to get the suit dismissed is this correct?

Ok I just called the court and the motion for hearing is for 6 February at 9:30 am. Then I called the law office to try to settle. First of all she said hold on then she came back and inform me that he was no available and that she was going to transfer me to a dept that could help me then the phone disconnected 9whch I know she hung up because I know she is quite capable of transferring a call I am not calling back and I am going to show up for that court date cause I can't pay it and won't be able to pay it things are getting worst not better and I have absolutely no money in either accounts and they can see that if they check. What do you think about that. If they call I will answer but if not then I will see them in court that's all. Please advise what do you think about that?

THey will win a judgement and get a Writ of garnishment... they can take money from any account you have... or take a percentage of any paycheck you get. And they can get it renewed and hound you until the day you die.

So its not going to go away... it actually WILL get worse, because now they can only talk... after they win, they will have the courts blessings to take it even a little at a time...

If you own a house... depending on where you live... they could put a lien on property you own.

If you are able to find a second job... I recommend doing it. Anything you can do to get it behind you faster would make life easier down the road. That's a small enough amount while it may be difficult.. it won't be impossible to pay off.

There is a term; "judgment proof". This means that you have no attachable income or assets. So even if someone gets a judgment against you, they have no way to collect it.

You may be judgment proof now, but may not always be.

Poverty will not be a defense, so they will still win a judgment even if you have no money.

So I the court the date is set for February 6 at 9:30 am I tried calling the lawyer his secretary said he was not available which I know he was and then she says she will transfer me to a dept hat can help then next thing I know I am disconnected so I didn't call back I am going to the court hearing and I will tell the judge everything I cannot pay the debt now and I doubt I will be able to pay it later. What do you think.

I understand all this and i thank you very much will i be able to try to settle for less after or no

You might BEFORE the court date... Once it goes to court they are wanting ALL of it and the judge will give it to them... There is not "settlement" for less after that. THey will get a writ of garnishment to give them a right to take it off you whenever they find any.

So do you think I should try calling again and trying until I get to speak to someone or just take my chances in court because even though I've never been in this situation before it is obvious what their next move will be they will ignore me for as long as they can they are going to play hard ball because they feel that fact that I am even calling they already won and they are going to use that to their advantage. Please tell me what you think I should do or better yet what you would do if this was your situation all responses are welcome thanks.

There are no chances to take in court. From what you have described, they have provided proper documentation to prove the debt is yours. You admit that they account is yours. They have no incentive to offer you a settlement in lieu of a judgment. You can try to settle with them for less than the total, but with court less then a month away, I don't think that your chances are good.

If I were in your situation, I would scrape together every penny I could and offer them a lump sum to settle the account, but even then, you have no guarantees. Even if they can't collect on a judgment from you now, they can renew it until you get to a point where they can. I'm very sorry, but I don't see a lot of options here.

Thank you al for your help and ALL your response's. I will show up in court with prayers we may be able to work out an amicable payable plan what ever that is but to tell the truth I rather go to jail than take food out of my children mouth. God Bless you all and I wish you all the best in life and remember in everything you do Put GOD first.