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slimbs · Sep 6, 2011, 06:00 PM

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

Fr_Chuck · Sep 6, 2011, 08:05 PM

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.

ScottGem · Sep 7, 2011, 03:22 AM

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.

slimbs · Sep 7, 2011, 08:19 AM

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

slimbs · Sep 7, 2011, 08:34 AM

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

ScottGem · Sep 7, 2011, 08:41 AM

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.

slimbs · Sep 7, 2011, 08:53 AM

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

smoothy · Sep 7, 2011, 09:31 AM

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

smoothy · Sep 7, 2011, 09:36 AM

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

slimbs · Sep 7, 2011, 09:37 AM

OK thank you I am sorry

Fr_Chuck · Sep 7, 2011, 09:38 AM

Maybe merged all of them /?

smoothy · Sep 7, 2011, 09:45 AM

Originally Posted by Fr_Chuck

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.

slimbs · Sep 7, 2011, 09:48 AM

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.

slimbs · Sep 7, 2011, 09:53 AM

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

Curlyben · Sep 7, 2011, 10:06 AM

>Threads Merged<

smoothy · Sep 7, 2011, 10:17 AM

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.

ScottGem · Sep 7, 2011, 10:28 AM

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.

slimbs · Sep 7, 2011, 03:14 PM

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.

slimbs · Sep 7, 2011, 03:18 PM

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

ScottGem · Sep 7, 2011, 03:19 PM

Originally Posted by slimbs

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.