GOT A SUMMONS FROM CITI....Need help on how to answer

[merime]

I stressed on a Citi suit for 6 months. Took 30 seconds in court. The judge did not care if you were dying as on life support. The world did not end with the judgement. In fact Citi actually is not breathing down my neck. Just get 100% of what you can out of your name. I did that and it worked out really well. Answer the summons as shortly as you can.

[ryan]

If all you need is three weeks, I'd agree just by answering you can buy that kind of time.

However getting a judgment from Citi or anybody is not fun. I have sat in court and watched Citi defendants plead with the judge to have their bank funds released (thousands of dollars) and lose. Others go before a judge and asked for reduction in their wage garnishment to Citi - again, no dice.

Citi might leave you alone, and then again, they might not.
disclaimer: I am being sued by Citi and do not like them.

[catleg]

I did a quick google search -- it looks like Penna does not charge a fee to answer a complaint.
The easiest thing to do is as Bell suggests, go to the courthouse, find a case that was defended, and copy the answer for yourself.
Basically it amounts to saying "I deny or lack information" to each count of the complaint.
This then forces them to file a motion for summary judgment.
That probably buys you a few weeks.
Most of this stuff is getting highly computerized so it moves faster in some states than you'd expect.

[Bell30656]

If you do nothing they will request and be granted a Motion for a Default Judgement. If you fail to answer their interrogatories or other motions they will request a Motion for Summary Judgement. As long as the facts are DISPUTED, in other words you are denying the allegation that you owe a debt a Motion for Summary Judgement should not be granted. You can file an OBJECTION to any motion including Motion for Summary Judgement.

Keep in mind that the JDB or OC is paying some attorney to draft, file and represent them at any appearances... Many times, smaller JDB's that are not local to you will quit pursuing a case when you answer the civil suit. They don't want to pay lawyers. They like default judgements. (This is not going to happen with Citi.) This does not end the case. Then you have to file a Motion for Dismissal for Lack of Prosecution. Some states this is done automatically by the courts when the plaintiff takes no action for a period of time. Unfortunately these are almost always dismissed without prejudice meaning that the JDB will sell the debt to some other bottom feeder who may try again.

[sunshinepa]

Thanks Bell. I can actually file Bk on 4/11 but must answer summons by 3/30. Hope is, courts will be a bit backed up and I will have a case number before any movement. Atty is drafting response now and I will take it down at the last possible minute........LOL. Then do whatever necessary to delay until 4/11. If lots of motions, lots of motions will get filed.....just need a little time and then CITI can kiss my grits so to speak.

[Bell30656]

Just filing the answer is going to buy you the small amount of time that you need. The courts are just not that fast.

[IamOld]

In my state you can exempt several thousand as from creditors - is that possible to do BEFORE they try to garnish or only afterwards??

[catleg]

Depends on your state, sometimes before, sometimes after, always better not fighting to get your own money back.

[IamOld]

Thanks catleg!

[Bell30656]

I'm with what Catleg said... I will never, never allow any creditor to get a judgement without spending some money to fight me tooth and nail. I don't roll over and play dead.

[catleg]

It all depends on how much time you have and willingness to hit the books and do the research.
But once they have a judgment I would be very careful to not leave money in banks etc.
In fact what ultimately got me to file was Citi got a judgment and filed for wage garnishment.
Now, Penna doesn't allow wage garnishment, so that's another edge you have.
Odds are that even if they get a judgment it is going to be worthless to collect on.
You don't have any real estate equity do you?

[sunshinepa]

Catleg.......yes I own my home. Real estate agent is doing a CMA right now. Atty and I hope to get it reasonalbe so no equity. The house will determine if I get stuck in a 13. Edge is....know the realtor and we discussed a "reasonable CMA" so hopefully all will be well. Worse case......stuck in a 13 for 3 years at 166.00 a month. Since I can draw my SS in 18 mos. and it's exempt......would really only be a pain for that time to be in the 13 and can easily afford.

They won't be able to get in my bank accts because my State Employee Pension are the only wages there and they are exempt here in PA. Drafting a letter right now to bank just in case things move faster than anticipated once I answer the summons.

Thanks.,

[catleg]

Excellent. Sounds like you've got everything covered.

[sunshinepa]

Well not everything....LOL. Still hoping to get past the judgement from Citi and no idea how long the PA courts take after I answer summons on 3/30. Hopefully all will be filed by 4/11 so I beat them.

[shark66]

As long as you file sometime in April you'll be fine...the courts are not that fast...

Good luck.