Well, I guess one can only go so long without someone intending to file suit. This is an alleged $9K citi card.
I defaulted on the alleged account about 20 months ago. I sent a DV request to the various CA's and never heard anything back. The account was finally sent to an out-of-state attorney collection firm in Washington, Suttel and Ass's. BigBoy and I have mutual friends!
I finally get a letter today from the attorney firm stating the client has requested suit on the account. They included a year of statements and an affidavit by their authorized agent in Missouri. This is prety much all the verification they need. Having been down ot my local courthouse and viewed a few debt collection suits, I think this is one alleged account that I will file an answer to, if served. It makes no difference to me if the debt is $9k or $30k. I'll lay down the $189.00 to file an answer, and see what happens.
With all this being said, the cover letter from the attorney's office includes a line that states, "At this time suit has not been initiated." "...We have been instructed to proceed to collect unless satisfactory repayment arrangements are made."
It could be another 30 - 45 days (if ever) that they get around to truly filing suit.
Now, I'm guessing Suttel and ASSociates will find it somewhat difficult to serve me "at home." I don't really have a home. The only street address Citi might have on file is somewhere in Montana ( 15-18 years ago.) I have used a PO Box for 15 years. My driver's license even has my PO box on it, as does my voter's registration (Can't happen for renewals after 9/11.) My credit report shows my two PO Box numbers the past 12 years and an address I never lived at! LOL. Good enough for me.
I will be served. In the end (who knows how long), they will serve me by registered-return-receipt mail. I intend not to sign for the mail. So, they will need to make a choice. Serve me via publication or serve me via my office at work; both of which are legal in my state.
I am not an advocate of filing an answer to a suit where you know you owe the amount of money claimed. In this instance, the number claimed is worth the investment in filing an answer. I have worked with all my local creditors and allowed mediation and default judgments leading to eventual wage garnishment. However, I have no experience with the legal system related to debt collection attempts from out-of-state attorneys. I'm curious. I can already see that once one files an answer here, the debt moves to mandatory arbitration. However, either party can resist this and ask the courts to move directly toward circuit court proceedings. My take is that this process can take anywhere from 5 - 12 months if one decides not to agree with the Oregon version of "arbitration." I went down to the courthouse to look up some CRAP1 suits, and I was stunned by the length of time it takes to actually get the suit to trial or arbitration when the defendant files an action. First there is the answer. Then, the plaintiff attempts to move for "pre-summary" judgment (not allowed here.) Next the judge forces a hearing to set a trial date. This appears to be 30-90 days after the defendant files an answer. After the hearing, the trial date can take another 45 - 90 days. The suit process could take anywhere from 3 - 12 months before any decision is made. As mentioned, I have learned how to provide an answer, so I think if I get sued, I'll pay the money to answer just to see how the process works.
Am I NUTS?
I defaulted on the alleged account about 20 months ago. I sent a DV request to the various CA's and never heard anything back. The account was finally sent to an out-of-state attorney collection firm in Washington, Suttel and Ass's. BigBoy and I have mutual friends!
I finally get a letter today from the attorney firm stating the client has requested suit on the account. They included a year of statements and an affidavit by their authorized agent in Missouri. This is prety much all the verification they need. Having been down ot my local courthouse and viewed a few debt collection suits, I think this is one alleged account that I will file an answer to, if served. It makes no difference to me if the debt is $9k or $30k. I'll lay down the $189.00 to file an answer, and see what happens.
With all this being said, the cover letter from the attorney's office includes a line that states, "At this time suit has not been initiated." "...We have been instructed to proceed to collect unless satisfactory repayment arrangements are made."
It could be another 30 - 45 days (if ever) that they get around to truly filing suit.
Now, I'm guessing Suttel and ASSociates will find it somewhat difficult to serve me "at home." I don't really have a home. The only street address Citi might have on file is somewhere in Montana ( 15-18 years ago.) I have used a PO Box for 15 years. My driver's license even has my PO box on it, as does my voter's registration (Can't happen for renewals after 9/11.) My credit report shows my two PO Box numbers the past 12 years and an address I never lived at! LOL. Good enough for me.
I will be served. In the end (who knows how long), they will serve me by registered-return-receipt mail. I intend not to sign for the mail. So, they will need to make a choice. Serve me via publication or serve me via my office at work; both of which are legal in my state.
I am not an advocate of filing an answer to a suit where you know you owe the amount of money claimed. In this instance, the number claimed is worth the investment in filing an answer. I have worked with all my local creditors and allowed mediation and default judgments leading to eventual wage garnishment. However, I have no experience with the legal system related to debt collection attempts from out-of-state attorneys. I'm curious. I can already see that once one files an answer here, the debt moves to mandatory arbitration. However, either party can resist this and ask the courts to move directly toward circuit court proceedings. My take is that this process can take anywhere from 5 - 12 months if one decides not to agree with the Oregon version of "arbitration." I went down to the courthouse to look up some CRAP1 suits, and I was stunned by the length of time it takes to actually get the suit to trial or arbitration when the defendant files an action. First there is the answer. Then, the plaintiff attempts to move for "pre-summary" judgment (not allowed here.) Next the judge forces a hearing to set a trial date. This appears to be 30-90 days after the defendant files an answer. After the hearing, the trial date can take another 45 - 90 days. The suit process could take anywhere from 3 - 12 months before any decision is made. As mentioned, I have learned how to provide an answer, so I think if I get sued, I'll pay the money to answer just to see how the process works.
Am I NUTS?
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