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New Member
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Jan 26, 2010, 09:27 AM
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Credit Card Lawsuit - Next Steps
I live in Connecticut.
I stopped paying a Citibank card after receiving numerous statements without the proper time to pay the minimum - in three cases, when the statement was received, I had three days to pay. I called them each time, and they would not waive the late fee. Based on this, and being pissed at the recent "bail out"... I cancelled the card and stopped paying.
I was sued in Novemvber and responded Pro Se requesting information related to the debt. They did respond with statements - but do not have the original agreement.
Do I have any next steps before finding out there is a court date? I recognize that it's probably stupid to think that I can get the case thrown out because they don't have the original agreement. What I hoping for was to pay them without the penalities and interest since these would be outlined in the agreement which they can't produce.
Thanks in advance for your help.
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Ultra Member
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Jan 26, 2010, 09:36 AM
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 Originally Posted by TacoWeed
I live in Connecticut.
I stopped paying a Citibank card after recieving numerous statements without the proper time to pay the minimum - in three cases, when the statement was recieved, I had three days to pay. I called them each time, and they would not waive the late fee. Based on this, and being pissed at the recent "bail out"...I cancelled the card and stopped paying.
I was sued in Novemvber and responded Pro Se requesting information related to the debt. They did respond with statements - but do not have the original agreement.
Do I have any next steps before finding out there is a court date? I recognize that it's probably stupid to think that I can get the case thrown out because they don't have the original agreement. What I hoping for was to pay them without the penalities and interest since these would be outlined in the agreement which they can't produce.
Thanks in advance for your help.
While the "bail-out" is frustrating to numerous people - myself included - that is not grounds to terminate payment. You bought something with Citibank's money; you need to repay them.
While I'm sure it's more than frustrating to receive a statement and have only 3 days to make a payment, you had to have known approximately what time each month that particular bill was due. I know when my bills are due so even if the statement is late and/or missing, I can still get the payment out.
Your best option at this point is to contact Citibank and try to negotiate a settlement amount and for them to allow you to make payments on a monthly basis. However, they're most likely not going to waive the interest and fees.
What was your response? Did you deny the debt or did you simply request more information?
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New Member
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Jan 26, 2010, 09:47 AM
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I did contact the attorney handling the suit to make payments and offered to make arrangements but did not get a response. I did not deny the debt when I responded but did request information. I'm not that detailed with knowing when bills are due - with any other card I get the statement and pay it.
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Ultra Member
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Jan 26, 2010, 09:49 AM
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 Originally Posted by TacoWeed
I did contact the attorney handling the suit to make payments and offered to make arrangements but did not get a response. I did not deny the debt when I responded but did request information. I'm not that detailed with knowing when bills are due - with any other card I get the statement and pay it.
When did you make the last payment and/or use the card last? When did Citibank file the lawsuit?
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New Member
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Jan 26, 2010, 10:05 AM
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 Originally Posted by this8384
When did you make the last payment and/or use the card last? When did Citibank file the lawsuit?
The last payment was around March of last year - I recievd the suit in October.
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Ultra Member
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Jan 26, 2010, 10:11 AM
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 Originally Posted by TacoWeed
The last payment was around March of last year - I recievd the suit in October.
Well, they're definitely within SOL so that idea is out.
You could try sending a certified letter to the attorney stating that you would like for him/her to contact you as soon as possible in an attempt to negotiate an out-of-court settlement. But honestly, I don't think you're going to get the interest and/or the fees waived. This has cost them more money now that they had to file, and they're going to want to be reimbursed.
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New Member
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Feb 7, 2010, 06:02 AM
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>>While the "bail-out" is frustrating to numerous people - myself included - that is not grounds to terminate payment. You bought something with Citibank's money; you need to repay them.
I am not sure this is logically or morally correct. I am not saying it for sure, but it sounds like an argument to keep the credit raquet alive and us as sheep to be sheared. If two men are in a fist fight over a transaction, and somebody comes and hands one participant a large baseball bat where before they were more equally matched, how can one say that this is a fair fight? The baseball bat is the bailout. The bailout saved the banks and credit card companies from suffering the full consequences of their own financial decisions, yet you believe that this person should not have any relief, even if it is self-imposed.
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Computer Expert and Renaissance Man
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Feb 7, 2010, 07:11 AM
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 Originally Posted by naga666
I am not sure this is logically or morally correct. I am not saying it for sure, but it sounds like an argument to keep the credit raquet alive
First this is a legal forum and answers here need to conform to the law. Logically or morally does not always conform to what the law says. Nor am I sure what you mean by the "credit raquet" (did you mean racket?) While I can agree that credit issuers often take advantage of people caught in a credit crunch and their not being understanding and helpful, especially after being bailed out of their own credit crunch, is upsetting, its NOT grounds fro reneging on your agreements. So your response to this thread is totally inappropriate.
To TacoWeed.
I've been a customer of Citibank for close to 30 years. I have never gotten a statement that required payment within 3 days. Have two credit card accounts with them and the payment date on both cards has always been the same date. So when paying the cards, I generally look only at the date of the first statement. A couple of months back, for some unknown reason, then changed the date on one card to a couple of days earlier. I didn't notice until I received my next statement showing the late charge. I called they waived the late charge with no issue and changed the dates back so with my next statement they were in sync again. So I find it hard to understand the problem you encountered.
But you can stop using the card, you can cancel your account, but you cannot stop paying with consequences. I would talk to Citibank directly rather than the attorney. Its really too early for them to have sold the account, though that's possible. But, if you go to court, you will lose.
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New Member
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Feb 8, 2010, 07:21 PM
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>>So your response to this thread is totally inappropriate.
Not at all.
{Inappropriate content removed}
And by the way, to not pay is a legal response. It is legal advice. It can be contested, of course.
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New Member
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Feb 8, 2010, 07:33 PM
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TacoWeed:
Please find an attorney who specializes in Debt Collection Legal Defense. They are usually more inexpensive then you think. Take care to do your homework on them, and find someone who you feel you can trust. Also, make sure the attorney has worked in the collections industry as an attorney before signing up. They know all of their dirty tricks, and can exercise quite a few themselves to have your case dismissed, delayed and/or settled at a reduced rate. 80% of debt cases are never answered after the summons. That 20% represents a potential headache to the credit card company. Mistakes and abuses by the creditor and his attorney during this period can be used against them for dismissal and/or settlement negotiation.
The last thing the creditor wants is a fight. They want a summary judgement right away. Don't give it to them.
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Computer Expert and Renaissance Man
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Feb 8, 2010, 07:44 PM
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 Originally Posted by naga666
>>So your response to this thread is totally inappropriate.
Not at all.
{Inappropriate content removed}
You apparently weren't paying attention. This site has rules and guidelines. I stated some of those rules and guidelines in my previous response to you. If you want to opine about the abuses of credit issuers and the unfairness of the bail out, you are welcome to do so, in an appropriate thread. But doing so is not appropriate in THIS forum and THIS thread.
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