HELP please for Citibank Summons

[Hrach]

What is the name of your state (only U.S. law)? California

Hello Everyone and thanks for checkin out my post. I will keep it short. My mom was summoned and is being sued by Citibank for a debt that is only 1+ year old. She responded to the summons within 30 days and requested for the validation of the dept within 30 days. It has been more than 40+ days and there has not been any response. She filed Request to dismiss the suit, and I just checked the status online, it says "REJECT SHEET SENT TO (*******) FOR REJECTION OF REQUEST FOR DISMISSAL DUE TO PLAINTIFF OR PLAINTIFF'S ATTORNEY OF RECORD BEING THE ONLY PEOPLE WHO CAN DISMISS THIS ACTION SUBMITTED ON 07/11/08"

So the consumer here is just a sitting duck with no rights?? Please advise if you have gone through a similar situation. How can i get rid of this suit?
Thanks a lot!!What is the name of your state (only U.S. law)?

 

[tranquility]

You can't dismiss their suit. Only they can dismiss their suit. You have to win in order to make it go away.

Once the summons was issued, a request for validation is worthless. It does not make any difference how long they take to respond, if at all. Any information you would have gotten with a validation was included on the summons.

You need to answer the complaint. Since you did not provide anything related to a defense, I don't know how you will do that. The creditor has a right to be paid. You have the rights of any defendant to discovery and due process in the suit. I don't think either will help you.

 

[Hrach]

So then what was the point of responding to the original summons and requesting for validation?? Why should i respond with my defense?? I am requesting to see what bases the lawyers for citibank in this case have for suing?
Doesn't the SOL give 30 days for them to provide me with the information? They have to prove I owe them.

 

[Debt Guy]

I answered this question for you in a different thread that you hijacked.

So then what was the point of responding to the original summons and requesting for validation??

There was no point. You clearly did not understand validation.

Why should i respond with my defense??

As best I can tell, you have not asserted any defense. A defense is a reason why you think you do not owe the money. Give me that reason and I can tell you how to phrase your defense.

I am requesting to see what bases the lawyers for citibank in this case have for suing?


Validation is not the way to get that information. The correct process would be to file a general denial answer and then conduct discovery. By the way, Citibank keeps very good records.

Doesn't the SOL give 30 days for them to provide me with the information?

No. The SOL does not give the plaintiff anything. You are confusing SOL with validation. Two completely different things. And for your information, the plaintiff can take forever to respond to a validation request as the FDCPA does not set a deadline for response.

They have to prove I owe them.

Not in validation they do not. It is a common misunderstanding that validation requires the creditor to prove the debt. Absolutely not so. The only time you can force the creditor to prove anything is during the discovery phase of litigation.

My advice is that you stop playing lawyer for your mom. So far, you have only made things worse.

Answer the questions I posed in the other thread and I can tell you if you have a defense.