Lawsuit creditor question

[inpain66]

okay so most of you remember that I posted about Citi Financial suing me on the 31st day of being late on payment.

They told me on the phone TWICE that I have a court date March 10th. I have yet to be served or receive anything in the mail!

They know I retained an attorney weeks ago and my lawyer is about to file my chapter 7 if he has not already.

What do I do if I do not get served? I need some notice for work and need to know where and when. Citi will not tell me!!

[cursedbycc]

Maybe there is a "reference" in the collection agent's notes on your account that shows a court date. You know how notations are made on your account when you talk with an account rep, etc.? Well, maybe one had made up the court date to scare you and now it is in the "notes/comments" on your account, so when you call to see if there really IS a court date, they tell you yes because they see it referenced in the notes/comments... If you had a court date scheduled for next Tuesday, I'm sure you would have been served papers.... It is only 5 calendar days away...

Good luck!!!

Citibank is on my "S" list today -- they are a bunch of jackasses in my book!

[eddiep]

you can do a court docket search or ask your lawyer to do it.

[fltoo]

Nothing to do.

Just make sure your attorney knows Citi is one of your creditors and they "might" be getting a judgment.

From what you are saying it sounds like you will be filed way before March 10.

[dingdong]

Can't you just file an emergency petition, and then give the court the notice of BK and circumvent all the headaches of dealing with a judgement.

Your lawyer just needs to file the first few pages of the petition along with the filing fee, and then get everything else in within 15 days.


IF everything is pretty much ready, seems it would be simple for him to file the ER petition through PACER and zap the other stuff over in the next couple days.

Stops CIti dead in their tracks as far as the lawsuit goes.

[inpain66]

Can't you just file an emergency petition, and then give the court the notice of BK and circumvent all the headaches of dealing with a judgement.

Your lawyer just needs to file the first few pages of the petition along with the filing fee, and then get everything else in within 15 days.


IF everything is pretty much ready, seems it would be simple for him to file the ER petition through PACER and zap the other stuff over in the next couple days.

Stops CIti dead in their tracks as far as the lawsuit goes.

I would love to but I have no info on where the court is or when on the 10th. I have yet to be served or receive anything official. I think that they are going to wait til like the day before so I get it after the fact or something!

[2Bshinyandnew]

I would love to but I have no info on where the court is or when on the 10th. I have yet to be served or receive anything official. I think that they are going to wait til like the day before so I get it after the fact or something!

You don't have to wait or depend on Citi to find out if there is an actual court date...check the docket of your local courthouse either online or by phone. If you are not sure how to do that, your attorney should be able to. In fact, if you have retained an attorney, any and all correspondence with creditors must be done through your attorney. What state are you in?

[inpain66]

You don't have to wait or depend on Citi to find out if there is an actual court date...check the docket of your local courthouse either online or by phone. If you are not sure how to do that, your attorney should be able to. In fact, if you have retained an attorney, any and all correspondence with creditors must be done through your attorney. What state are you in?

I checked the local magistrate dockets in my county and nothing comes up under my name. Perhaps they are telling me a lie?

if so then that is messed up!

[leesi]

They are probably just scaring you. I sure if there was really a court date you would have known about it. I say don't lose sleep over it. They have to at least personally serve you with the Summons and Complaint before it can be official anyways.

[OhioFiler]

I checked the local magistrate dockets in my county and nothing comes up under my name. Perhaps they are telling me a lie?

if so then that is messed up!

I'm sure they're lying.

I had a call from Citi Financial today and had her all twisted in a pretzel. She sent the action back to the local branch and that 19 year old called me.

He said if I told him why I didn't make the payment he could work with me and give me lower payments. I told him I didn't need lower payments. Then he offered to allow me to skip a payment. I told him I already did and I appreciate him authoizing it. I hung up.

[dingdong]

Maybe they did have a court date, and then when you informed them of your intention to file BK, they decided to wait and removed it from the court docket and stopped pursuing service?

Might be a possibility?

[StartingOver08]

OhioFilier - I love your post! LOL...I bet that 19 yr old had no idea what he was getting into! LMAO

[2Bshinyandnew]

I checked the local magistrate dockets in my county and nothing comes up under my name. Perhaps they are telling me a lie?

if so then that is messed up!

did you try searching for Citi Financial? see what they actually do have on the magistrates docket. Use "partial name" or phonetic search options if available and if the search engine has specific dates to narrow your search that is even better.

If there is no case listed and you were never served, yes they are probably lying, although if called on it they will most likely claim it was a mistake/error of some sort, or deny they ever told you anything.

The online docket search engines, as well as forums such as ours have really empowered people!