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    pepperandy's Avatar
    pepperandy Posts: 2, Reputation: 1
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    #1

    Mar 10, 2008, 10:55 AM
    Civil lawsuit credit card Texas - What can I do?
    I have been served with a lawsuit from Citibank in the amount of 14,000. In 2001 I stopped working and was on disabitity. Around Nov. 2004 I was denied disability and I have not worked since. I do not have any assests of my own. Everything is joint with my husband. We have been living off his income. At this time I do not think we could make a satifactory deal with the credit company to keep this out of court. What should I do? Will my husband be involve at all. I do not think he was an authorized user of this credit card. We live in Texas.
    :eek:
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Mar 10, 2008, 11:09 AM
    How old is this debt and when was the last payment that you made? It may be out of the statute of limitations.

    Citibank must have offered you some type of settlement prior to taking your account to court. Why did you not accept when they made those offers? You might still be able to arrange a settlement now but they're going to want reimbursement for court costs and/or filing fees.
    pepperandy's Avatar
    pepperandy Posts: 2, Reputation: 1
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    #3

    Mar 10, 2008, 11:17 AM
    Last payment has been made in less than four years. We bearly get by with my husband's income.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 10, 2008, 11:46 AM
    Quote Originally Posted by pepperandy
    I have been served with a lawsuit from Citibank in the amount of 14,000. In 2001 I stopped working and was on disabitity. Around Nov. 2004 I was denied disability and I have not worked since. I do not have any assests of my own. Everything is joint with my husband. We have been living off of his income. At this time I do not think we could make a satifactory deal with the credit company to keep this out of court. What should I do? Will my husband be involve at all. I do not think he was an authorized user of this credit card. We live in Texas.
    :eek:

    There's a four year Statute in Texas - that means if there was NO activity (no charges, no payments) in four years the debt is out of Statute. The Statute begins running the day following the last activity in the account.

    Was your husband a co-signer on the card? If NOT, then, no, it's not his debt, it is yours. They cannot pursue him for payment. Keep in mind if Citibank takes this to Judgment then can lien against anything with your name on it (for example, checking account, savings account) because if an account is JOINT it is as much yours as it is his.

    You may not have a choice - if you cannot pay and with $14,000 I don't know what they'll accept - but to let them get a Judgment, taking care to remain collection proof. Of course, interest will keep running but sometimes you just don't have a choice.

    (Sorry to hear about the long disability - something that like that can be financially devastating. Are you pursuing some type of SS disability? It would make things easier but I know filing and pursuing the claim can be tough and time consuming.)

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