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    I'm being sued. Need some info.

    I'll start from the beginning.

    When I enrolled at West Virginia University I began receiving many credit card offers. I decided on a shiny new Citi card with a $1200 limit, available only to college students. To keep this part short, I eventually maxed the card out and stopped making payments after a few months. I was a broke college kid.

    After my short stint at WVU, I moved home and began working at a local production facility. The calls started from United Collections Bureau. Work was slow and my meager wages did not give me much room to pay them along with my current bills. I offered $20 a month as suggested by a few friends (since I knew I could pay that), but they refused anything less than full payment. Also, I asked if they were still associated with Citi. They said no. *Remember this.*

    Some time went by and then my neighbor came to me with a piece of paper. It had an account number and telephone number regarding the debt. My neighbor told me that someone was looking for me and requested I give them a call back. The person who visited my neighbor obviously knew where I lived since they were only one house over. They completely avoided my house. I know that because I was home at the time. The next time UCB called, I asked who it was that was sent to my neighbor's home. I was told that he was owed a favor by a local agency, so he called it in. I still have that piece of paper as I believe it could prove to be important. Also, UCB happened to show up on my credit report.

    I never admitted to owing the debt, as advised, and after some research I issued a Cease and Desist letter. Following a response, I also requested validation of the debt, providing 30 days for them to do so. 45 days later, I received a statement showing a balance of $1832.23 from an original debt of $1200. There was no original contract included, nor proof of any of the payments I have made, which I requested in my validation letter. I sent a response requesting validation again, but it was ignored.

    Months passed and I was hopeful. I had assumed that the collection ceased until I started receiving letters from various lawyers offering their services. Shortly after and only about 10 days ago, I received a notice on my door from the local deputy sheriff. I received my 'you have been sued' letter. The deputy handed me a legal complaint, to which I would need to respond within 20 days or an automatic judgment may be filed against me. Titled as the plaintiff is CITIBANK. This is where I am now.


    The breakdown:
    I was denied attempts to make payments on the debt.
    I was lied to by UCB when I was told that Citi no longer owned the debt.
    An associate of UCB provided my neighbor with an account number and telephone number, when no information regarding a debt is to be given.
    The current debt is $1832.23 when it was $1200 initially.
    I was never provided with valid proof of my debt.

    Unfortunately I do not have recordings of the phone conversations, but I have signature confirmation on all letters. I have the paper from my neighbor with the account information and telephone number written on it.

    I need some help with finding an appropriate document by wednesday to respond to the current complaint against me, which I have to take to the courthouse. Also, any ideas on the strength of the case I have against them? Possible to counter-sue or best to get judgment dropped?

    I live in Pennsylvania by the way. Any help or insight would be greatly appreciated as I am beginning to get very nervous.

    #2
    isn't PA one of the states where they can't garnish your wages? If so, so what?....let them get a judgement against you until you figure out what you can do that is in your best interest. Yes, eventually, you will have to deal with this. But as long as they can't garnish your wages - you've got time.
    Filed Chapter 7 Pro-Se May 29, 2008
    341 July 1, 2008
    Discharged September 4, 2008
    Closed November 10, 2008 :-)

    Comment


      #3
      I would love to have only 1200$ debt.

      I see this happen so many times on campus where students for some odd reason, think they are given free money.

      You are going to have to pay this debt sooner or later. I would try to work out something for a lesser amount.

      Good luck and chalk this up as life lesson.

      Comment


        #4
        How long ago was the debt....?
        04/25/08 Filed chap 7
        05/23/08 phone conference with trustee
        05/30/08 341 set
        07/29/08 Last day for objections

        Comment


          #5
          I think before we could properly advise we'd need to know the totality of your situation.

          How much do you earn currently?

          What is your current expenses?

          Is this all your debt or do you have additional debt?
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            BigBoy2U, I don't get mad. I understand that you believe I'm some degenerate college dropout whining about going to court. I didn't mean to come off that way. I have never been through this process before and was hoping to get some insight on the situation as I have no idea where this is going. I am willing to pay this debt off, but when all attempts less than the full amount are denied there's not too much I can do about it.

            To respond to the others:

            The debt is ~3 years old, statute of limitations in PA is 7 years...I believe.
            I make about 1200 a month with 750 going to bills.
            I had a few more debts, but they were paid off. They actually worked with me.
            Sure, they can't garnish my wages, but they can garnish my bank account following a judgment.

            Comment


              #7
              Yeah, just to clear up some of the FDCPA issues.

              I never admitted to owing the debt, as advised, and after some research I issued a Cease and Desist letter C&D's can't stop a lawsuit. Following a response, I also requested validation of the debt, providing 30 days for them to do so. 45 days later, I received a statement showing a balance of $1832.23 from an original debt of $1200. There was no original contract included, nor proof of any of the payments I have made, which I requested in my validation letter. None of those are required for validation. I sent a response requesting validation again, but it was ignored.Yep, they only need to validate once.
              The visiting your neighbor is a little underhanded, but at the same time, so long as they did not disclose they were trying to collect the debt, I don't see any technical violation.

              As far as what to do now, your county courthouse may have a default form you can download to Answer the complaint. What you need to do is file a "Answer" to the complaint. Doing so will at least prevent them from getting a default judgment against you. From there, if CITI's attorney is on the ball, they will file a Motion for Summary Judgment, at which point a hearing will be scheduled, and you can go before the judge and explain yourself. I have heard of many judges, in states without garnishment, instituting a payment plan for the debt.

              Note, at the lawsuit level, the creditor is usually required to provide the original contract (although there are some ways around it), a calculation of the amount owed. Depending on how much time you have on your hands to learn to play the "evidence" game, you can muck things up and buy yourself some time.

              Comment


                #8
                Originally posted by alleyshark View Post
                BigBoy2U, I don't get mad. I understand that you believe I'm some degenerate college dropout whining about going to court. I didn't mean to come off that way. I have never been through this process before and was hoping to get some insight on the situation as I have no idea where this is going. I am willing to pay this debt off, but when all attempts less than the full amount are denied there's not too much I can do about it.

                To respond to the others:

                The debt is ~3 years old, statute of limitations in PA is 7 years...I believe.
                I make about 1200 a month with 750 going to bills.
                I had a few more debts, but they were paid off. They actually worked with me.
                Sure, they can't garnish my wages, but they can garnish my bank account following a judgment.

                That's why you need to stop using a checking account/savings account. Start using cash and money orders and prepaid Visa cards from Wal-Mart. At least until you can figure out what to do next.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                  #9
                  Called the courthouse today to see about getting a form online. The lady wasn't much help, saying the person that deals with this is on vacation. There's a list of civil forms on the county's website, but none of them seem to apply. Please help.

                  Comment


                    #10
                    Alleyshark, you are rightfully being roughed up a bit, BUT, never ignore a Court. Your little debt no doubt will be in small claims. Usually there is an arbitrator and you may work out a payment method.

                    I’ll tell you a story how serious this is: My Mother’s ex husband change a title after her death on property we owned. It took me $4500 to sue this guy. I got my title clear and sued him in small claims for only $1200. They ignored it so I got a Judgment, Writ of attachment for their car, and it was pulled by the Sheriff. Sold at auction and I bid on it and drove a $6000 car for three years that cost me $300. It only satisfied $8 of the judgment after expenses and I could go back over and over again and take their stuff. I’m not that mean but let’s not take your little card too lightly. NO ONE here is out to crucify you. We are ALL HERE due to mistakes by stupidity, ignorance, or circumstance. I class mine as stupidity. PLEASE respond to that item and DO NOT get a default Judgment. ‘Hub
                    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                    Comment

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