My husband received a summons to appear in civil court for a 10,000 debt to Citibank, by the sheriff back in January. We researched how to respond and he filed a request for production of documents right away. The courts never scheduled anything, still haven't, and we JUST now heard from Citibank's lawyers today. They sent us a giant package of all the billing statements from the time the card was opened until it was sent to collections in 2008 and copy of the contract... but it's just a generic copy not a signed copy which is what was requested! Now they've sent back all these questions they want us to admit, deny or submit proof for.

What should our next step be? Obviously, we don't have the 10,000 to pay them or we would. I don't believe they are willing or can settle now that it's progressed to court although we haven't had an actual trial yet.

We are totally freaking out that they are going to garnish wages or rule against us in court. We simply can't afford to pay a huge crazy payment each month to them, that's why we stopped paying in the first place. My husband was a victim of identity theft, it raised red flags and all of 3 our credit card interest rates went WAY up and some of the companies reduced the credit limit. It made the minimum payments too high, we were sending in what we could but they still sent it to collections and reported it on his credit so we stopped making payments. We tried to contact the company about the fraud and explain it wasn't our debts and were being removed but they still wouldn't lower the rates back!

HELP!! What should we do next?

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Originally Posted by NCSOS

We are totally freaking out that they are going to garnish wages or rule against us in court

HELP!!!! What should we do next?

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Hello N:

If you do nothing, they WILL get a judgment, and they WILL garnish your wages, and they WILL seize your bank accounts... Plus, after they add legal fees and court costs, you'll owe TWICE as much as you do now...

I know money is tight... However, if you can somehow manage to borrow some cash, I'm CERTAIN that you could negotiate the amount down to HALF what you owe now.

excon

Anwer the Qusetions as follows; " I cannot admit or deny the alleged calim unitl the plaintiff provide me with a signed contract, as reqested on _________ date.

To every question they wanty answered.

File Motion with the Court to Dismiss with prejudice their case for failed to validicate the allleged claim.

I'm thinking it's past the point of being able to settle out of court since the papers for a ruling have already been filed with the court. Right?

We're a little confused anyway. The package from the lawyer that we received did not have anything "court related" like a stamp or anything on it. Is it even valid communication? A sheriff didn't deliver it, it didn't even have delivery confirmation!

So, just send it back with the above answer about needing the requested signed contract and keep waiting?

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Originally Posted by NCSOS

I'm thinking it's past the point of being able to settle out of court since the papers for a ruling have already been filed with the court. Right?

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Hello N:

WRONG! You can ALWAYS settle - even AFTER a judgment... It's just going to cost you a lot MORE to do it then.

If you want to fight it, mr yet is the guy to listen to. If the collection agency doesn't have their act together, you'll win too. That DOES happen. But, if they ARE efficient, you lose. Most likely if you SIGNED a contract, that contract will be presented in court, and you'll LOSE.

I don't know WHAT you signed. I don't know how efficient the collection agency is. All I can do is make suggestions that I think will save YOU money. I don't give a crap about the bank. I don't work for them.

excon

We *think* he did the credit application online so I don't know how he would have signed anything. Would that still hold up in court?

Thanks for your help! We're trying to figure out the best option for us at this point... without ending up with his wages garnished!

I should say, this is the lawyer for Citibank NOT a collection agency that's corresponding with us.