top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

receive a summons, I think?

Collapse
X
Collapse
 
  • Page of 2
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 template Next
    #1

    receive a summons, I think?

    There is no number on it, and it says, A lawsuit has been started against you in the above entitled court by the above named plaintiff. (citibank)

    In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing and serve a copy upon the undersigned attorneys for the plaintiff with 20 days after the service of this summons.

    (down the page) You may demand that the plaintiff file this lawsuit with the court. If you do so the demand must be in writing and must be served upon the plaintiff. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service upon you and the complaint will be void.

    on about the next to the last page it says that I am a married man . I was divorced 10 years ago and it also says we are debt collectors, this is an attempt to collect a debt and any information obtain will be used for that purpose.
    Tags: None
    #2
    I have no experience in Washignton, but the language about demanding that the plaintiff file the lawsuit with the court makes it sound like they haven't really filed a lawsuit and are just trying to scare you. I found the following Washington Superior Court Rule that desribes the requirements of a summons and includes a sample form. Does the summons specify a court? http://www.courts.wa.gov/court_rules...ruleid=supcr04
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment

      #3
      THIS IS A HOAX! A truly very intimidating and ingenious way of fooling you. Not that the company eventually may sue you, but WHATEVER you send these bill collectors will be used against you. DO NOT RESPOND. It is a very fancy CA scare letter. If you had a true summons, you would have a docket number upon it.

      Kiss it off. '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

        #4
        A lawsuit has been started against you in the above entitled court by the above named plaintiff. (citibank)
        Just a P.S.. NO law suit is started until a summons to sue is presented to the Courthouse in the form of a filing fee, and a process server serves you. This is an out and out lie.

        Perhaps by selling your debt to a CA, they are "starting" (to think about) a law suit. This is a deceptive act and either an illegal letter or should be as it is untruthful. Give them NO information particularly in writing. They are baiting you. '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

          #5
          I agree this is a lie meant to scare you. Ignore it.

          I once had a piece of paper left on my door from a local creditor saying that legal action had commenced against me and the only way to save my home from a lien and repossession was to pay them immediately. I rent my home, so I knew they were lying. I checked the state and local courts online for any lawsuit against me, and there was nothing filed against me at that time. That was over 2 years ago, and they still have not sued me yet.
          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

            #6
            GREAT example going down...I may have one myself from an...unsecured...ehem...lender...just left a message - I think I'll send it to atty - partner #3 loves FDCPA violations :-)


            Originally posted by GoingDown View Post
            I agree this is a lie meant to scare you. Ignore it.

            I once had a piece of paper left on my door from a local creditor saying that legal action had commenced against me and the only way to save my home from a lien and repossession was to pay them immediately. I rent my home, so I knew they were lying. I checked the state and local courts online for any lawsuit against me, and there was nothing filed against me at that time. That was over 2 years ago, and they still have not sued me yet.

            Comment

              #7
              The guy who came to my door, said I have legal papers for you. Handed them to me and left. Its signed by an attorney but has no filing number.
              It gives me 20 days to answer. I am not going to answer. Will see what happen's.

              Comment

                #8
                Originally posted by DYLAN150 View Post
                The guy who came to my door, said I have legal papers for you. Handed them to me and left. Its signed by an attorney but has no filing number.
                It gives me 20 days to answer. I am not going to answer. Will see what happen's.
                To be on the safe side - call your court house and see.

                I did receive a real summons that did not have a case number on it.
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                Comment

                  #9
                  It that's the exact wording, there are no FDCPA violations in it. Just another collection tactic...
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

                  Comment

                    #10
                    Originally posted by Freddy03 View Post
                    To be on the safe side - call your court house and see.

                    I did receive a real summons that did not have a case number on it.
                    I agree. Call the courthouse to be sure. Or, maybe the court has a website where you can search for cases by party name. Note that the requirements listed in the court rule I linked to does not include a case number even though there is a space for one on the summons form. If you were in California, I'd tell you if there's no case number, it's not a valid summons. But, it's possible that is not true in all states.

                    I just decided to do another google search and found this site http://www.lawhelp.org/documents/138...ateabbrev=/WA/ Scroll down to the 2nd paragraph at the top of page 6 which says that even if there is no case number, you must still send an answer to the Plaintiff's lawyer.

                    ETA: From http://www.washingtonlawhelp.org/WA/...codeid/1020100

                    If the papers you received have no file number, the plaintiff may have decided to deliver (or serve) the papers to you before filing them with the court. The law allows this. You are still bound by the time limit listed in your Summons. But you may not need to file your Answer with the court yet. You will still have to deliver a copy to the plaintiff's lawyer (or the plaintiff if s/he has no lawyer). Read your Summons carefully. It should tell you what to do.
                    Dylan150, if you decide to file an answer, I think you'll find the above site helpful.
                    Last edited by LadyInTheRed; 09-23-2011, 10:28 AM.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment

                      #11
                      As OP have suggested, call or go to your courthouse. Lawsuite are public records, anyone can look at them. Just a note on Citibank......they are real quick to file lawsuite. First to get me but here in PA, the papers have to be served by the local sheriff and you have to sign that you received them. Yours may be a hoax, but don't take chances, too easy to verify with just a bit of your time.

                      Good luck!
                      Filed CH 7 4/15/11
                      341 5/23/11
                      DISCHARGED & CLOSED ON 7/27/11

                      Comment

                        #12
                        I have been sued by Citibank and they use local law firms that can file a summons and complaint in your local court. Here is a link to the State of Washington Process Server Laws http://www.processserversassociation...erver-laws.asp

                        Based on information in this link, they show a copy of the summons used in Washington, there does not have to be a court number on there, and you the defendant do not have to sign as proof of service.

                        The summons also states that the Plaintiff (Citibank) has 14 days from the date you received the summons to file the “served” complaint with the court or your summons becomes void. Hence the no court number on your copy. A little backwards compared to my state where the Plaintiff has to file with the court a complaint, the court then issues the Summons which is then served to the defendant.

                        Based on this it sounds as though you have been served, it sounds as though you have 20 days to answer. Good Luck
                        Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

                        Comment

                          #13
                          Originally posted by sunshinepa View Post
                          As OP have suggested, call or go to your courthouse. Lawsuite are public records, anyone can look at them. Just a note on Citibank......they are real quick to file lawsuite. First to get me but here in PA, the papers have to be served by the local sheriff and you have to sign that you received them. Yours may be a hoax, but don't take chances, too easy to verify with just a bit of your time.

                          Good luck!
                          Unless a criminal investigation, this is certainly true. However, in an active civil suit it may not be recorded at all until some verdict. You may have to actually go to the Courthouse and have it looked up by name. You WILL GET the official file. Be careful not to do anything at all to this file as it is original documents. It is watched. You may also get a docket report from that case for the cost of the copies, (not cheap, here, a buck a page). '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

                            #14
                            Just wondering when should I send this firm sueing me a list of my exemptions. It's a standard Washington state form that tells the law firm what I am claiming as exemptions. Will send it cert. mail.

                            Comment

                              #15
                              One more time...Here is the Rule of Civil Procedure for Washington. In Washington, one does not first need a case number to serve you. Does the legal firm representing Citi starts with an "S?" Citi uses a firm in Washington to sue in both Washington and Oregon. Why not send them a certified letter demanding they file the summons and complaint with the court? If you do so, you might also want to send a copy to the court.

                              RULE 3
                              COMMENCEMENT OF ACTION

                              (a) Methods. Except as provided in rule 4.1, a civil action is
                              commenced by service of a copy of a summons together with a copy of a
                              complaint, as provided in rule 4 or by filing a complaint. Upon written
                              demand by any other party, the plaintiff instituting the action shall pay
                              the filing fee and file the summons and complaint within 14 days after
                              service of the demand or the service shall be void. An action shall not be
                              deemed commenced for the purpose of tolling any statute of limitations
                              except as provided in RCW 4.16.170.
                              (b) Tolling Statute. (Reserved. See RCW 4.16.170.)
                              (c) Obtaining Jurisdiction. (Reserved. See RCW 4.28.020.)
                              (d) Lis Pendens. (Reserved. See RCW 4.28.320 and 4.28.160.)
                              Last edited by treehugger1; 09-25-2011, 07:25 AM.

                              Comment

                              Previous 1 2 template Next

                              bottom Ad Widget

                              Collapse
                              Working...
                              X