What to say in court

[merime]

Any advice on what to say in court. Honestly I don't know how much I actually owe as citicard limited my access to paperless statements. They sued me less than a month after I started working. Yes, I avoided phone calls and mail. Thanks again everyone- yes iam having panic attacks over this- apologizes.

[HHM]

There really isn't much for you to say. If you owe the debt, you owe the debt.

It would be way too hard to instruct you here on how to actually fight it (assuming there are grounds to fight it).

When you show up to court, the judge will probably ask you and the creditor attorney to go out in the hall and work out a payment arrangement. Barring an agreement, the creditor will present whatever evidence they have, the judge will ask for your comment. And then the judge will issue a judgment (regardless of what you say).

[Freddy03]

There really isn't much for you to say. If you owe the debt, you owe the debt.

It would be way to hard to instruct you here on how to actually fight it (assuming there are grounds to fight it).

When you show up to court, the judge will probably ask you and the creditor attorney to go out in the hall and work out a payment arrangement. Barring an agreement, the creditor will present whatever evidence they have, the judge will ask for your comment. And then the judge will issue a judgment (regardless of what you say).

That seems to be the case from my experience.

Good Luck!!

[DYLAN150]

This being the case, why even show up if you owe the debt?

[Freddy03]

This being the case, why even show up if you owe the debt?

I guess there is always a chance of the other side not to show up so it would be dismissed.

[flyinbroke]

Citi will show up. They are ruthless and operate half out of avarice (consider they borrowed something like 45B in taxpayer dollars and have not paid back a dime yet) and half out of revenge. I don't think they even care if they get the money, either, so long as they can screw you over on the way.

I had a lawyer of theirs offer a settlement since I had the law firm on federal violations and Citi on state violations. I rejected as I had enough to cancel things out and walk away with a hefty sum, and offered a counter. Citi fired the law firm the day they found out about the counter, and hired another one with no violations. (However, it does not change the violations of the past agent, or them.)

[WhatMoney]

Any advice on what to say in court. Honestly I don't know how much I actually owe as citicard limited my access to paperless statements. They sued me less than a month after I started working. Yes, I avoided phone calls and mail. Thanks again everyone- yes iam having panic attacks over this- apologizes.

Your summons and complaint you received should tell you how much they are claiming you owe. Did you throw those away too?

You admit you have no defense so your case should be short. If you attend the hearing, the citi lawyers may try to talk you into a payment plan to avoid the judgment. If you refuse then they will get their summary judgment.

Seems the home you are a joint owner on is your only asset. Who is living in the home now, you or your husband? I'd hurry up with a bankruptcy if your attorney thinks a lien on your husbands home for your debt is possible. You have not given enough details to know where the liabilities are for your State laws.

[merime]

Thank you. My husbsnd is in the house, not me. I called my attorney and they said "thoretically they can put you in jail, but that is rare". I wish I had enough to pay him to represent me. I wish I had someone to just go to court with me. I have never stepped into a courthouse. Please keep encouraging words coming, I need a lifeline right now more than ever.

[ryan]

Thank you. My husbsnd is in the house, not me. I called my attorney and they said "thoretically they can put you in jail, but that is rare". ....

Wait a minute..what kind of lawyer tells you they can theoretically put you in jail? for a civil suit for a credit card?????????
Are you sure that's what he said?

[catleg]

There's really no reason to show up at the court.
They're going to issue a judgment against you anyway.
Better to just stay away, and fight the collections process.

[GoingDown]

This being the case, why even show up if you owe the debt?

That's the thing, unless you are trying to postpone the judgment and know all the legal ways to make motions for continuance, motions for discovery etc., there really is no reason to show up at all. If you do owe the money, you are going to lose eventually anyways. And depending on the judge, and from what I have seen in court rooms around here, if the judge is pro-creditor, he is not going to listen to anything you say seriously, and will almost always side with the creditor's attorney, and give them a judgment against you.

The worst thing you can do is show up and then agree in front of the judge to make monthly payments on the debt.

[GoingDown]

There's really no reason to show up at the court.
They're going to issue a judgment against you anyway.
Better to just stay away, and fight the collections process.

I agree.

[GoingDown]

Wait a minute..what kind of lawyer tells you they can theoretically put you in jail? for a civil suit for a credit card?????????
Are you sure that's what he said?

Either she heard him wrong, or he doesn't know what he is talking about, or we might have a debt collector posing as a frightened debtor trying to scare other debtors with rumors about debtor's prison.

Please see the sticky above called, "Get a Judgment, Go to jail."

http://www.bkforum.com/showthread.php?56805-Get-a-judgment-Go-to-Jail

I've been on this forum since 2005 and I have seen way too much of this kind of posting.

[merime]

When I last talked with my lawyers secretary she was still running the means test. I emailed her this morning and no answer yet. I asked her-"do I have to go to court", to whgich shee replied no. She even asked the attorney. Only when I asked "Can I go to jail for not going , or be held in contempt of court", did she answer"theoretically yes, but it is rare. I dont know but with my luck and it is going down hill fast, I always look to worse case senerio. My lawyer said he would not ask for payment until he knew he could help me. I really thought he was going to help, sooner. All I am asking is what will Citis attorney ask? Why I cant pay? How I was paying before? Are these questions they as? I want to have a clear image in my mind, as I crumble under pressure and don't even know my name. Thanks everyone!!!

[flyinbroke]

Well, if you don't go they get a default judgment. THey like that since it is quick and painless for them. You don't go to jail for not showing up. However, when you get all the paperwork through the courthouse wanting a list of your assets, bank accounts and such, I think that blowing them off is where you can go to jail because this will be contempt.

I played the arbitration card and never intend to find this out personally.