Help Just got a court date!!

[merime]

I just got a court date. Jan 31,2011. I am so scared right now my heart is pounding. Citibank is sueing me. What can I expect? How do I prepare? I have no assets , just joint on a house. I work 21hrs a week for $9/hr. What can they do to me. Any help is so appreciated!!

[josephga]

I wouldn't even bother going. I think most don't. you owe the money so you will be found guilty. I would take my money out of my checking account or savings sometime b4 that court date.

[DebtHater]

Once they sue you they will win since you owe the money. Then they will get a judgment. Should they decide to act on the judgment they can garnish your wages and place a lien on your house.

Being Jan 31 is a ways off, did you look into filing BK?

[catleg]

At your current pay there is no wage garnishment possible.
If you have money in the bank they can try to grab it after they have a judgment, but they have to find it first.
They can put a lien on real estate but for most people nowadays that is a hollow threat.
Research whether your house is protected by "tenancy by the entireties", if it is a sole debt and you were married and bought the house together.
It always helps to tell us what state you're from.

[Bell30656]

Hold on... First find out what it costs to file an answer in your state. If it's free swing by the courthouse look up some other cases filed by this plaintiff. Find one that has an answer filed by some high priced attorney. Pay for a photocopy. Edit to fit your circumstances (case #, name, etc.) and file your answer.

You are a damn long way from them getting a judgment. If you don't answer the suit or don't show up, bingo they get a default judgment then start trying to collect on a judgment that is most likely collectible far in to the future.

I was sued three times in the year before I filed my bankruptcy none of the cases made it any where close to a judgment. It didn't take much effort on my part and I learned a lot.

There's always bankruptcy but that's for later.

[merime]

God thank you and bless you all!!! I am forever greatful to you all. I was on the verge of a nervous breakdown. Iam in NC

[Floridagail]

Just stop putting money in bank account, they could freeze it. You do not make enough to do a bankruptcy. They will get a judgement on your credit, that is it. Later on in life if you have to file it will wipe it out then. I would not bother going to the hearing , just let them get judgement. You are judgement proof and probably make too little to garnish.

[gacreditguy]

I just got a court date. Jan 31,2011. I am so scared right now my heart is pounding. Citibank is sueing me. What can I expect? How do I prepare? I have no assets , just joint on a house. I work 21hrs a week for $9/hr. What can they do to me. Any help is so appreciated!!

First and foremost, there has been some really interesting replies entered in your thread. Interesting indeed

You are still a few months out from your court date and have time to make arrangements. This is NOT something that you should go alone with. I would research Attorneys in your area that specialize in consumer law. There will likely be a few that would work your case on a contingency basis or for a low fee. Also, look for legal assistance groups/firms in your area as well.

As for the post advising you to not even go to court, that is absolutely a comment you do NOT need to listen to. You need to go. Better if you went with an Attorney.

A few questions:

1- Is CitiBank the ones that are actually suing you? or is it a Junk Debt Buyer suing as an assignee of CitiBank?

2- How old is the debt? When did you make the last payment?

3- How much are they suing you for?

3- When were you served initially? Was an Answer filed with the court?

As for your bank and your money, they CANNOT take for freeze ANY money from you until they have a judgement and have petitioned the court for a garnishment. At that time they would attempt to locate your bank account(s) and employer. If they get these (and honestly - they most likely will), they will have the bank served and an acct frozen. In some states, you must be notified that this is occuring and it gives you time to withdraw money before it happens. However, they can only do it once! They have to ask the court for them to do it again.

Regarding garnishment, you need to check up on your state laws regarding garnishment. I believe that Catleg was correct is stating that with your current income, you would be sheltered from garnishment, but you need to research to be certain of this fact.

More on the court date.. remember this, even though you may owe the money, it is their job to prove it.. By proving it, they must produce the documentation and lay it all out on the table. If they cannot provie it, then you do not pay it! Simple as that! Again, I stress to you.. research consumer attorneys in your area and at least have a consult with them.

I actually had a junk dbet buyer sue me on a Cap1 credit card and my attorney and I countersued them and we won.. Not only did I get a mutual dismissal with prejudice (meaning I can NEVER be sued on that debt again), we also got $2k from them.. At present I am suing another collection agency for violating the FDCPA several times and this one is gonna be a slam dunk. I have so much evidence, they are rolloing over and trying to settle with us.

Don't just stick you head in the sand. You have to stand strong and make them do their job! Let me know if I can help further.

[merime]

Whew!! It is Citibank, and their attorney is local. I was paying up until Sept,2009. They are suing me for nearly $20K. Yes , I filed an answer with the court. I agreed to my name, but disagreed to the amoount and of course paying their attorney fees. I do plan on showing up. I tried debt considilation, but they suggested bankrupcy. The only thing I have is a house that is joint with my husband. I do want to file bankrupcy , but cant afford a lawyer. I feel so backed up against the wall. Thank you for taking the time to care and help me through this.

[treehugger1]

As noted in other posts, currently Citi prefers to hang on to their debt and go for suit. Citi has very good records going back decades when it comes to contracts. If they do get a judgment there is no guarantee that they will attempt to attach wages or bank accounts. I have two suits from Citi against me, but no wage garnishment from them. They do know my financial situation in that they can only garnish 10% of my take-home pay due to 15% permanent student loan garnishment. They also have a cop of back taxes owed to the IRS that I sent them. As others have mentioned, in your case it appears that a judgment will not net Citi anything in the near future.

I'm beginning to wonder if Citi pays its attorneys by the hour rather than a percentage of the judgment amount that is collected.

Just my opinions (and experience.)

[catleg]

I think you're right, TH, but meanwhile, in the dept of stupidity, the Citi debts that my wife and I got sued for, did not file claims in our bankruptcy, but two other Citi accounts that did not sue, did file proof of claim. So maybe once it goes to the attorney it literally is off their radar. (The attorney doesn't get paid to file proof of claim, so they don't.) But they get paid per suit, so 5 accounts gets 5 lawsuits. They did move for a wage garnishment quickly on one of them, however, so we filed.

[wnguyen]

Man, this post is so helpful. Had I known this earlier, it would be a lot of help for me. I was also sued by Citi in June this year for more than $19K. I stopped paying them in around November or December 09. That scared the heck out of me so I rushed to file BK in July.

[merime]

agreed, thanks. This forum is the best information source online!!

[josephga]

I'm not worried much about citi I figured id get served anyday now. I don't own a house or land. I worked as a massage therapist for 10 years a cash business. If I decide to go back to that it would be a cash business so they can't garnish.

[Bell30656]

I'm with GACREDITGUY, I never allow a default judgment. That said we both live in Georgia where there is no fee paid to defend a lawsuit. I've heard that several states actually charge every time you file anything including answers with the court.

Simply answering the lawsuit delays things even farther. There are chances that the paperwork isn't in order. Statute of limitations may have run out, the attorney may not show up... Lots of things can happen.

However, one thing is for sure: You don't show up they win.