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small claim vs. Citibank

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Tranquility is right.

OP, you have to read the agreement that came with your credit card. There will be langauge that sets forth whether or not arbitration is required, any mandatory arbitration forum, or if lawsuits can be brought in court, what courts.

Tranquility, are you also referring to a specific jurisdictional issue in California small claims courts?
 


tranquility

Senior Member
Good question. I don't know the claim if there is a choice of jurisdiction clause or a mandatory arbitration clause. I assume it is a jurisdictional one, but would need to look it up to be sure.
 

CourtClerk

Senior Member
Why not? California was the place where I signed the contract (signed up for a credit card). I just need to serve Secretary of State of CA, and he will serve Sec. of State of SD and that Sec. will serve Citibank of South Dakota, N.A.
Because the California Civil Code of Procedure does NOT allow for service of small claims proceedings outside of the state of California for contracts cases (which this probably is).

The only time you can have someone served outside of California is if you are suing because of a vehicle accident or a landlord tenant dispute. So... You cannot serve the Secretary of State and he can then serve the SOS of SD. No where that I can think of will fourth party service fly (don't know WHERE you came up with that idea). What's that proof of service going to look like anyway? You're going to serve the SOS of CA (who is not a party to the action) and then they are going to serve the SOS of SD (again, not a party to the action), who will in turn serve Citibank??? Not gonna happen. You need to sue in Limited Civil... then let them argue jurisdiction.

Someone else is also correct, you need to read your service contract/terms of conditions, you may be surprised to find that you will be suing them on their home turf anyway as a condition of you utilizing their service.
 

Dandy Don

Senior Member
Looks like Court Clerk's advice is the best way to proceed.

Yes, as you suspected, CITIBANK SD N.A. is a subsidiary of CITIGROUP INC. (399 Park Ave., 3rd Floor, New York, NY 10043) and Citigroup does not appear to be registered as a business in California. New York Secretary of State records show their agent as being CT Corp. in New York, NY.
 

aruray

Junior Member
Citibank (South Dakota), N.A.
701 E 60th St N
Sioux Falls, SD 57104
Hello friedice,

I was just wondering what happened to your case against citibank. I'm in a similar situation and need some help in going through small claims with citibank. PM me if you want. Thanks.
 

mtpockets

Member
Been there; done that

I understand your frustration. I had a similar problem with Citibank and sued them in small claims court.

The court dismissed the case and told me that I had to sue the merchant.

I also reported Citibank to the Federal Trade Commission and the Comptroller of the Currency for the following reasons:

  1. Their employees told me that the vendor could approve the charge and that my approval was not necessary.
  2. Their employees told me that I had to dispute charges before they paid the other bank (which would be before I got my statement).
I think there were a few other things that I no longer remember.

I got nowhere. Then I read in the Wall Street Journal that banks are regulated by quasi-governmental agencies that are funded by the bank they are regulating.

So, sue the merchant and don't waste your time tilting at windmills.

Good Luck!
 

Blitzula

Junior Member
Man, I went through SO MUCH WORK trying to figure out how to serve Citibank, N.A. in small claims court in California. Here's what happened:

1. Citibank, N.A. is not registered in California....they're in New York. There is no agent of service of process I was able to find in California.

2. Citibank (Banemex USA) is registered in California. I tried to serve them, but they confirmed they were not the proper party.

So if you HAVE to serve them in California, but they don't have an agent of service of process there, how do you do so?

I finally found out after a ton of calls to Citibank...you just serve one of their branches in California. I did that and am in negotiations with Citibank to settle my case now.

Hope this saves time and energy for some of you...this should solve the problem of how to serve them.
 

friedice

Junior Member
What happened is I called Citibank Legal Department. They told me I should serve some entity called Citicorp Credit Services, which is in California. So I did that, and 10 days later I got a call from Citibank paralegal and we reached a settlement. What's interesting is that in the settlement it said that when serving Citibank, N.A., I incorrectly named them Citicorp Credit Services, but it did not seem to be the obstacle.
 

eurasia72

Junior Member
Suing Citibank for Mis-Information

Hi there,

I don't know if I even have a case here, but I recently sent two emails to Citibank via my online account asking them if they were certain that if I closed my Access account that it would in no way affect the linked Savings account. Each time I received a resounding "NO."

Then, of course, after I closed the Access account, I get an email saying that since my Access account was closed, my Savings account will now be accessed a $12.50 fee for as long as it remains open... the initial charge was reversed (I'm shocked to say), but I was told that there is no way to keep my Savings account open since the linked Access account was closed. It was suggested that I open a new Savings account.

I want to sue Citibank for deceit and mis-information... but not sure if this is a strong a case at all.

I would appreciate your feedback.

Regards,

Dean
 

Antigone*

Senior Member
Hi there,

I don't know if I even have a case here, but I recently sent two emails to Citibank via my online account asking them if they were certain that if I closed my Access account that it would in no way affect the linked Savings account. Each time I received a resounding "NO."

Then, of course, after I closed the Access account, I get an email saying that since my Access account was closed, my Savings account will now be accessed a $12.50 fee for as long as it remains open... the initial charge was reversed (I'm shocked to say), but I was told that there is no way to keep my Savings account open since the linked Access account was closed. It was suggested that I open a new Savings account.

I want to sue Citibank for deceit and mis-information... but not sure if this is a strong a case at all.

I would appreciate your feedback.

Regards,

Dean
First of all, necroposting is bad decorum in our forum but I won't ask you to waste our time opening a new thread. You have no case.
 

eurasia72

Junior Member
First of all, necroposting is bad decorum in our forum but I won't ask you to waste our time opening a new thread. You have no case.
I didn't expect such a curt response, but thank you anyway. I have no idea what necroposting is... I was just asking a question related to a thread that I found on your site regarding Citibank, while doing some research. I had no idea I had to start a new thread.

I expected a welcoming response, but apparently you have nothing better to do with your time than send out snide remarks.

I'll make sure I remove myself from your "no necro-posting" community.

Good day.
 

Zigner

Senior Member, Non-Attorney
I didn't expect such a curt response, but thank you anyway. I have no idea what necroposting is... I was just asking a question related to a thread that I found on your site regarding Citibank, while doing some research. I had no idea I had to start a new thread.

I expected a welcoming response, but apparently you have nothing better to do with your time than send out snide remarks.

I'll make sure I remove myself from your "no necro-posting" community.

Good day.
I am happy you were able to receive an accurate response to your question...
 
W

Willlyjo

Guest
I didn't expect such a curt response, but thank you anyway. I have no idea what necroposting is... I was just asking a question related to a thread that I found on your site regarding Citibank, while doing some research. I had no idea I had to start a new thread.

I expected a welcoming response, but apparently you have nothing better to do with your time than send out snide remarks.

I'll make sure I remove myself from your "no necro-posting" community.

Good day.
You are not the first one to complain about such snide remarks from "Senior Members" who think they know it all.
 
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