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kylemore · Mar 27, 2011, 04:00 PM

Hi, I am being sure by a credit card, Citibank! I owe this money but lost my job and cannot pay. The attorney states they are represtenting citibank but, they are also a debt collector. After I did some research online, I responded to the citation with a request to them for proof that this debt is mine i.e. cc agreement with my signature (all correspondence sent CMRRR). The only thing they have furnished me with are statements and a "general" credit card agreement. I stopped paying on this card in Sept 09, the last charge was in June 08. The balance was $4,100, now they are looking for $5,200. I have had this card along time and have paid it off many times. When I first received the citation I called them to see if they would settle for $2,000 (my savings) but they would not, they said they would for $2,800 but I don't have that. I then received a copy of their request for summary judgement that they sent to the court. I responded to this with a motion to dimiss because they have not furnished the agreement with my signature on it. I sent this to the court with a copy to them. I don't know what to do from here, or what to expect... can anyone offer me some advice? I feel really bad that I can't pay this bill but just don't have the money. I live in Texas, I believe they can levy bank accounts here... I have no money in mine. I have no car, I have a house and would hate for that to be messed with. I heard they can not touch your homestead in Texas, is this true? I am not used to this, it is making me very depressed. Thanks.

ScottGem · Mar 27, 2011, 04:37 PM

You wait for a hearing. Make sure the court doesn't issue a default judgment.

kylemore · Mar 27, 2011, 09:53 PM

Thanks for your help. How do I make sure the court doesn't issue a default judgement?? other than responding in some way to anything I receive from them? Any knowledge of the laws in Texas? I have NEVER been to court. It really scares me. What if it comes to a hearing, do I still continue to request a signed agreement? Should I call them again now to see if they will settle for $2,000? Or would this be a bad thing to do considering I have not "admitted" the debt? Thanks again.

ScottGem · Mar 28, 2011, 03:28 AM

First, you contact the court, make sure they received your response to the motion for summary judgment and make sure they will schedule a hearing.

Second, you can offer a settlement by sending them a letter stating that so far they have not produced sufficient documentation showing that this is your debt. But that IF they can do so you would be willing to settle the account for $2K and which would be all you can afford. Point out to them that you have no attachable assets and they cannot garnish your wages.

kylemore · Mar 29, 2011, 12:56 PM

Thanks so mucnh, I will do exactly that.

kylemore · May 7, 2011, 03:15 PM

Hi, I write again for some advice with regard to the above. I received notice that I will have a "oral hearing on plaintiff's motion for summary judgement". It looks like the paperwork is all from the attorneys, nothing from the court. Is this normal? It states "please be advised that the plaintiff will appeear telephonically" - is this also normal? What should I expect? I am really nervous. Hearing is June 6th at 10am at the courthouse. I did not send the attorney an offer to settle because I had an air conditioning problem at my home that cost nearly $1000 to fix. This has left me with just $1000 - didn't want to "insult" them with a settlement offer of $1000. SCOTTGEM - should I go ahead as you had previously advised and offer to settle for $1000 if they come up with more proof?

Can you offer me any info. As to what to expect when/if the court hearing on June 6th comes around.

Thanks so much.

ScottGem · May 7, 2011, 03:41 PM

You will go to court, they will telephone the plaintiff so he is on speakerphone. You repeat that you have not be given any documentation proving this debt and stick to that. If the judge decides to rule for the plaintiff. Then you tell the plaintiff you have neither a job nor assets to pay this bill.

Next you go home and empty your bank account. From now on you use cash and money orders.

kylemore · May 8, 2011, 12:25 PM

Thanks ScottGem... so, you think I should bother to write a letter offering to settle for $1,000? I guess it couldn't hurt?

ScottGem · May 8, 2011, 02:26 PM

Originally Posted by kylemore

Thanks ScottGem......so, you think I should bother to write a letter offering to settle for $1,000?? I guess it couldn't hurt??

Only if you word that letter that you are making the offer contingent on them verifying the debt. But frankly I wouldn't do it.

kylemore · May 10, 2011, 03:45 PM

OK, thanks so so much.

kylemore · Jun 1, 2011, 08:49 AM

Hi, ScottGem, I hope you can answer this. My hearing on this credit card suit is next Monday June 6th. Because I have not been in a situation like this before I feel a little intimitated. Is there anything in particular I should bring to the hearing? Can you offer me any advice on what to expect... how to act... what to say?

Anyone?

Sorry, just nervous.
Thanks in advance.

AK lawyer · Jun 1, 2011, 09:43 AM

Originally Posted by kylemore

Hi, ScottGem, I hope you can answer this. My hearing on this credit card suit is next Monday June 6th. Because I have not been in a situation like this before I feel a little intimitated. Is there anything in particular I should bring to the hearing?? Can you offer me any advice on what to expect...how to act...what to say??

anyone??

Sorry, just nervous.
Thanks in advance.

I'm not Scott, but if you don't mind I'll add a couple cents worth:

Don't let the judge plow ahead without giving you the right to respond to everything the attorney says. Be courteous, and wait your turn to talk (If you have ever watched some of those TV small-claim court shows, you will appreciate that nothing pisses a judge off more than a litigant who constantly interrupts the judge or the other litigant.), but you have the right to be heard. And be sure to remind the judge of your motion to dismiss.

ScottGem · Jun 1, 2011, 04:06 PM

What AK said. Just be adamant about them providing proof.

kylemore · Jun 1, 2011, 10:01 PM

Thanks AK and Scott :)

kylemore · Jun 9, 2011, 06:18 PM

Hello,

Continuing with the above story... went to the summary judgement hearing and the judge ordered the plaintiff's attorney to communicate with me directly to "work something out". She had him give her his direct number and she then gave it to me. She seemed unhappy that they were even doing this - there was a large pile of suits and I was the only one who showed up. Anyway, I called the attorney and told him I have no assets, very little income - no income that's guaranteed ( I clean houses here and there) and I offered to settle for $1500. He said he had authorization to settle for $2700 and no less and I told him I didn't have it. He said he would see what he could do if I wrote a letter explaining my situation and mailed it to him. He asked I include, marital status (and what my husband does for a living), dependents?? whether I own/rent my home. I haven't written the letter yet, but I will. I am not obliged to give all the above info. Am I? All I should include is my settlement offer and the fact that I don't have a job and have no assets right?

AK lawyer · Jun 9, 2011, 06:44 PM

Originally Posted by kylemore

... I am not obliged to give all the above info. am I?? all I should include is my settlement offer and the fact that I don't have a job and have no assets right??

No, you don't have to tell them what you don't want to tell them, absent a discovery rule or order mandating certain disclosures. But, by the same token, you don't want to misrepresent things by, for example saying you have nothing if in fact you do have significant assets.

But, whether you give them all the information they request, they also don't have to work with you. The judge may want them to work something out, but she can't order them, or you to settle.

What did the judge say about the pending motions (their motion for summary judgment and your motion to dismiss)?

ScottGem · Jun 10, 2011, 03:23 AM

I agree with AK. If you rent, tell them that. If you are married, tell them that, but state that since this is your debt and not your husband's, his income and employment are immaterial.

And yes, reiterate the settlement offer. AK asks a good question about the motions.

kylemore · Jun 10, 2011, 07:36 AM

I am not sure about the motions... When the judge told him to "work something out" I asked her what I need to do other than call him, she said nothing, he will let me know. So..?

I do not have any assets. I don't even own a car. So, in saying this I will not be misrepresenting anything. I now clean homes but don't have a constant customer base, so it's hard for me to say what my exact income is.

I am married. We own our home, the mortgage is in my husbands name only but my name is on the deed. I know they can't touch that in Texas though. My husband is self employed so his income is not a definite amount per week either.

The lawyer did offer to take the $2700 in payments over a year. I don't really want to do this. I would just rather pay the $1500 I have now and be done with it.

Thoughts??

JudyKayTee · Jun 10, 2011, 07:39 AM

You owe the credit card company money. It is their decision whether to settle (or not settle) and they get to set the terms. They have to decide the best way to get the most money they can.

I don't know why the Judge would appear annoyed. Seems to me she's paid to do the job she's doing.

At any rate - if the cc company won't settle on your terms and insists on its terms, back to Court you go.

AK lawyer · Jun 10, 2011, 07:45 AM

Originally Posted by kylemore

I am not sure about the motions.............When the judge told him to "work something out" I asked her what I need to do other than call him, she said nothing, he will let me know. So...?????
...
Thoughts????

I can't read minds, but perhaps she is trying to telegraph to him a message: "Cut your losses and settle, or I will have to dismiss the case."

Originally Posted by kylemore

...
I do not have any assets. ...
I am married. We own our home, the mortgage is in my husbands name only but my name is on the deed. I know they can't touch that in Texas though. ...

Technically you cannot say that you have no assets. If your name is on the deed, you own part of it. It appears to be exempt, however, so you should tell them that.