Citibank, CA Non Validation - Judgement HELP!

[klhofbauer]

What is the name of your state? Arizona

Will try to be brief.

Debt with Citibank, and other credit cards. Have managed to get ALL credit cards except Citibank out of collections and all but paid off. Almost lost our house due to foreclosure. Both my husband & I were laid off in 2003.

Citibank put the card with a collection agency last December. I sent a C&D to the first CA. They in turn sent it to a second CA.

I sent a CRRR validation letter to the second CA. I received the green card back from this second CA - but NEVER received anything from them regarding the validation of the debt. Still have the copies & paperwork. This was end of March 04.

I had all intentions on signing up with Consumer Credit Counselling - yes, I did my homework, no comments about how they are not worth it please. I'm not stupid, I know what to look for. In fact, I have the contract from CCC - but, then we had to lay out money for my husbands stupid truck so he could get back & forth to work to get a paycheck.

Anyway....

I just got served paperwork from an attorney here in Phoenix regarding this Citibank card, for the amount of 6,300.

Questions:

1. What do I do now? Send the attorney a CRRR with copies of the first attempt at CRRR to the second collection agency? Or, don't bother with the copies?

2. I got this credit card BEFORE my husband and I were married. The card is in my name only. Is he going to end up being responsible for this?

3. I am self-employed. I get a 1099 yearly as a subcontractor (I work online). How does a judgement work when you are self-employed? This is NOT a guaranteed check - my boss hires & fires depending on his moods. (believe it or not).

4. If/when we end up going to court; would someone please explain EXACTLY what I need to expect? We can barely afford to pay our bills, we are JUST scraping by, our mortgage was upped 200.00 a month just to get us out of foreclosure (it goes back down in 12 more payments). How do they garnish a 1099? How do they figure how much you can afford? Hell, probably 200 a month is MAX.

We own: 2 vehicles, a 91 pickup and a 96 Buick - the car is paid off, the pickup will be paid off in August.

We are paying on 40 acres of land north of us. BUT, that alone is 5 months delinquent. We want to sell it, but have had absolutely no luck in trying to reach the real estate agent up there.

Our college loans that were on forebearance both start in September, that is another 200.00 a month.



I'm just sick to my stomach over this.. doesn't help that I just got over a nasty flu either. It's too late to finish the contract now with Consumer Credit Counselling, so that is not an option. THIS is how Citibank treats people that had 10+ year accounts. God, I had a Capitol One CC - the SAME BALANCE as the Citibank, and CO worked with me to get the balance down - and it was only a 3 year old account!

I have icq: 72837462 if anyone wants to contact me. I feel like .. I dunno.

HELP please, please!

 

[Ladynred]

Before I address your questions - let me ask one - How long ago to did you last pay Citibank directly ?? AZ has a very short SOL.

1. What do I do now? Send the attorney a CRRR with copies of the first attempt at CRRR to the second collection agency? Or, don't bother with the copies?

If the summons and complaint says you must file an Answer, then regardless of all the other stuff, you must file an Answer per the instructions. Hang onto your copies of the validation letters, that comes later. If this debt is beyond the Statute of Limitations of 3 years for a credit card, then that becomes your #1 defense and must go into your Answer.

2. I got this credit card BEFORE my husband and I were married. The card is in my name only. Is he going to end up being responsible for this?

Most likely NOT. If you used the card during your marriage and you both derived benefit from the purchases, its possible community property comes into play. If you never used the card after your marriage or you only used it for YOUR benefit, then your DH is likely free and clear.

3. I am self-employed. I get a 1099 yearly as a subcontractor (I work online). How does a judgement work when you are self-employed? This is NOT a guaranteed check - my boss hires & fires depending on his moods. (believe it or not).

That could get nasty. Since you are self-employed, that income is considered receivables - and it is not subject to the same percentage restrictions as normal wages. They could very well take it ALL.

4. If/when we end up going to court; would someone please explain EXACTLY what I need to expect?

Hard to say w/o knowing all the details of the lawsuit and because we can't possibly know what the plaintiffs attorney will do or say. If the debt is SOL, then you stick to your guns, its an absolute affirmative defense. If you're not outside the SOL, then the judge will likely ask if its your debt or not, and that's where your prior validation demands might come in. Since they failed to PROVE the debt w/validation per the FDCPA, how can you be certain it IS your account ?? Its also equally likely that you'll be sent to attempt to settle with the plaintiff before you go before a judge. If the SOL comes into play, you want to be in front of the judge.

We own: 2 vehicles, a 91 pickup and a 96 Buick - the car is paid off, the pickup will be paid off in August

Neither is worth a whole lot and can probably fit within the exemptions should you need them.

I have ICQ too.. I sent you a message

 

[klhofbauer]

Before I address your questions - let me ask one - How long ago to did you last pay Citibank directly ?? AZ has a very short SOL.

Ah, it doesn't fall into the SOL... as the last payment was August 03, so not quite a year ago.

If the summons and complaint says you must file an Answer, then regardless of all the other stuff, you must file an Answer per the instructions.

I called the attorney listed on the summons/complaint; and I do understand that by calling, I am acknowledging the debt. I hope I remember everything she said correctly:

1. I mentioned that I had sent in the validation request to Academy Collections - the second CA, and have yet to receive a response. Her response to me was: "The summons complaint was sent because originally with the first CA last December, I sent them a Cease & Desist letter, informing them that I would no longer communicate with them, because of their tactics. GC Services was the first CA. (If anyone is familiar with them, you know they are nasty, nasty, nasty.) Because I sent the first CA a C&D, the only way they could reach me was via the summons." She also stated that she "knew nothing about Academy, because they received the account directly from Citibank".

2. The summons has the typical "Unless you notify this office withing 30 days to dispute the validity of this debt..."

Now.. do understand, while some may disagree, I have no problem acknowledging that this IS my debt. The validation to the second CA was a delay point so that I could work on a signed contract with Consumer Credit Counselling. I've always wanted to have it paid off. Consumer CC would have taken 5 years to pay this off, at monthly payments of 216.00 (including another Credit card in there - which we know is necessary, however, that credit card is not in collections and almost paid off!).

I can make payments of $268.75 a month to this attorney for only TWO years, and have Citibank paid off. That is only 50.00 more a month.

~~~~~~~~~

My husband is the one who is now in a royal panic - because judgements appear on your credit report for 7 years.

I guess now my questions turn in a different direction:

A. Since the card is in my name, will this judgement appear on his credit report also? Hell, I've had a repo on my credit report from 1987 to 1994 - so to me, this is no different.

B. The attorney told me that she will be sending me more paperwork. What **exactly** do I need to be wary of? look for? etc... so I don't get screwed over with this? She mentioned something to the effect (and I won't know for sure until I receive the paperwork) that she goes and files some type of dismissal with conditions - indicating that because payment arrangements have been made and it doesn't get filed in a specific court but filed in another? I have no idea what she is referring to.


C. Understand that I already know our credit scores are horrible. I have not checked the CRA's because I really just don't want to see them at this point in time. We had 6 credit cards, all of them were 90+ days, one of them in collections (along with Citibank), our mortgage was 1 week short of starting foreclosure, our college loans were in forebearance - you name it, it appeared there. My husband just doesn't get it through his head, that every time he gets laid off (it's a lot, if he holds a job a year or longer, he is doing good! 2003, he had 5 W-2's I had to file. The year before, it was 4. He blames it on the fact he is in construction), we get further behind, and it takes longer to get caught up. Total denial about it. (that's another story.. LOL)

However, since January, I've managed to get 1 credit card paid off, 3 credit cards are all under the limit, on time, and will be paid off by the end of the year; the 4th is out of collections but will take awhile to pay off; the mortgage has been fixed, and even though our payment is 200 more a month, that goes back down to the real mortgage payment July 05. His truck will be paid off in August - 3 months early. Our land - which is currently 5 months delinquent should be caught up completely by the end of the year - as I'm doubling up payments as much as possible. So, all in all, I've worked my butt off to get everything current again! and he is worried because of this judgement, even though we already have crappy credit!

So... now that you got the long-winded version...

What can we expect with this supposed "judgement" appearing. Even though I am not settling for a lesser amount on Citibank, and making payment?


Thanks in advance.

 

[JETX]

It is clear from your post that you owe this debt.... in fact, I don't see anything where you dispute the amount.... so assume that is also correct.

With those assumption, lets look at your situation....

FIRST and FOREMOST, you MUST file an answer to the lawsuit within the time prescribed. Do NOT delay on that fact if you want to protect your rights. Simply, if you don't answer.... you lose.

"A. Since the card is in my name, will this judgement appear on his credit report also? Hell, I've had a repo on my credit report from 1987 to 1994 - so to me, this is no different."
*** Yes. Arizona is a community property state, so your debts are his. I know that you said that this card was applied pre-marriage, but if it was used POST-marriage, the debt is now 'community'.
And even if that was not the case, it is very likely that the debt would end up on his report anyway, since that is simply how creditors 'work'. It would then be on him to try to get it removed whenever it 'popped' up.

"B. The attorney told me that she will be sending me more paperwork. What **exactly** do I need to be wary of? look for? etc... so I don't get screwed over with this? She mentioned something to the effect (and I won't know for sure until I receive the paperwork) that she goes and files some type of dismissal with conditions - indicating that because payment arrangements have been made and it doesn't get filed in a specific court but filed in another? I have no idea what she is referring to."
*** Obviously, no one can answer that question without seeing EXACTLY what paperwork you receive.
However, presumably what you are describing will be an 'agreed judgment' document. Simply, it is a promissory note with a statement of judgment attached.... saying that if you breach the promise to pay, the creditor can immediately take it to court and get a judgment against you.... without any challenge by you.

Oh, and if you do sign anything.... make damn well sure that you have a copy of the DISMISSAL of the current lawsuit and contact the court and make SURE it was filed with them. Do NOT assume that it is all 'handled'. And if it is not filed with the court, then again you MUST appear at the time/date shown and present your 'agreement' to the court. There have been several cases where an attorney will simply 'forget' to dismiss a case and then get a default judgment against the debtor who thought it was all 'handled'.

 

[klhofbauer]

However, presumably what you are describing will be an 'agreed judgment' document. Simply, it is a promissory note with a statement of judgment attached.... saying that if you breach the promise to pay, the creditor can immediately take it to court and get a judgment against you.... without any challenge by you.

Oh, and if you do sign anything.... make damn well sure that you have a copy of the DISMISSAL of the current lawsuit and contact the court and make SURE it was filed with them. Do NOT assume that it is all 'handled'. And if it is not filed with the court, then again you MUST appear at the time/date shown and present your 'agreement' to the court. There have been several cases where an attorney will simply 'forget' to dismiss a case and then get a default judgment against the debtor who thought it was all 'handled'.

Thank you JetX for replying...

I'm not sure if this will help... I've looked over and over this thing, and there is no place that says I have a court date to appear, where, time, date, etc!

This is the exact wording:

"You are hereby summoned and required to serve upon the Plaintiff's attorney an answer to the complaint which is served upon you, within thirty (30) days, exclusive of the date of service, after service of this summons upon you if served within the State of Arizona, and within thirty (30) days, exclusive of the day of service, if served without the State of Arizona. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint."

Then it goes on to give me just the name & address of the Plaintiff's Attorney. Says signed & sealed this 10th day of June 2004. (served on June 15th).

And finally just has the disclaimer about "unless you notify this office withini thirty (30) days after receiving this notice that you disput the validity of the debt or any portion thereof... yada yada.... "


So.. does that help you help me?

Thanks!

 

[JETX]

Yep. Respond to the attorney within the time allowed (certified RRR). Also, send a copy to the court and ask to be notified if/when a hearing date is set.

 

[klhofbauer]

****UPDATE QUESTIONS****


Okay... I've thought a lot about this; have researched, reading things til my eyes are blurry and have a very definite question:

1. Since I sent a validation of debt letter to the second collection agency - Academy Collections,

WHY would I get a summons letter to contact an attorney? Isn't this attorney in direct violation of the FDCA!

[Sec. 809] Validation of Debt:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.


Interpretation: This means that if you write a debt validation request, all communications and enforcement must stop until the debt is validated. Yes, that means lawsuits also.


This attorney had NO LEGAL right to hire someone to serve any type of paperwork to me, in fact, the only one I should be hearing from is the second collection agency - Academy, Correct??? If this is the case, then I have no obligation to pay this attorney ANYTHING, **especially** filing fees, court fees, paperwork fees, and server/processor fees.. wouldn't this be correct????


I would like to fax & CRRR mail a letter to this attorney stating this above, and the fact that neither Citibank, her office, Academy, nor any other agent for the original creditor has the right at this point in time to do anything other than validate this debt; and if they do so, they are in direct violation of Section 809 of the FDCA because I have sent in a validation request.


Please advise ASAP.... I would like to take care of this tomorrow - Monday..

Thanks!!

 

[Ladynred]

1. Since I sent a validation of debt letter to the second collection agency - Academy Collections,

WHY would I get a summons letter to contact an attorney? Isn't this attorney in direct violation of the FDCA!

Not necessarily. WHO is the plaintiff on the Complaint ?? If its Citibank or GC Services (yes, I've dealt with them too), then there is no violation of the FDCPA. You didn't request validation from GCS or Citiabank, you sent the validation letter to Academy.

From what you posted from the summons, they attorney IS covering her butt by including the "30-days to dispute", whichs IS legal. Check this FTC opinion letter:

http://www.ftc.gov/os/2000/04/fdcpaadvisoryopinion.htm

First contact CAN be a lawsuit, but if they do that, it must include the appropriate verbage.

Interpretation: This means that if you write a debt validation request, all communications and enforcement must stop until the debt is validated. Yes, that means lawsuits also

Yes, it does, IF the party suing you is the one you sent the validation demand to. The FDCPA doesn't say that a collector MUST validate, all it says is that if you ask for validation, they must cease all collection efforts until they provide it. It does NOT serve to prevent a CA from dropping the whole thing and selling the debt to yet another CA. They NEVER have to validate, they can just wash their hands of it - ceasing collection efforts themselves - let the next CA do it.

This attorney had NO LEGAL right to hire someone to serve any type of paperwork to me, in fact, the only one I should be hearing from is the second collection agency - Academy, Correct??? If this is the case, then I have no obligation to pay this attorney ANYTHING, **especially** filing fees, court fees, paperwork fees, and server/processor fees.. wouldn't this be correct????

I'm sorry, not true You sent GCS a cease and desist - all that does is prevent communication. As the attorney told you, their only recourse was to sue when you sent the C&D. Again, WHO is the plaintiff ?? Academy has no obligation at all to send you anything, the law doesn't say they HAVE to validate, only stop collection efforts.

Citibank, as the original creditor is NOT bound by the FDCPA and they do not HAVE to validate, so, yes, they CAN hire an attorney and sue you, so could GCS. If CBUSA only assigned the debt to these CA's, it sounds like GCS bounced it back to CBUSA when you sent the C&D. Then CBUSA gave it to Academy to try again. You demanded validation, and Academy again sent it back to CBUSA. Citibank has a reputation for suing, especially for large balances like yours.

Your next step should be filing your Answer to the Complaint or you will end up with a default judgment against. In a separate letter, you can send a validation demand to the attorney suing you, but it should NOT be part of your Answer.

 

[klhofbauer]

Not necessarily. WHO is the plaintiff on the Complaint ?? If its Citibank or GC Services (yes, I've dealt with them too), then there is no violation of the FDCPA. You didn't request validation from GCS or Citiabank, you sent the validation letter to Academy.

Ahhhh.... okay, I "got it" now.. LOL.. it sunk in! Yup, it is Citibank who is named!

Your next step should be filing your Answer to the Complaint or you will end up with a default judgment against. In a separate letter, you can send a validation demand to the attorney suing you, but it should NOT be part of your Answer.

The only thing, and please correct me if I am wrong, to say in an answer to the complaint is to ask for validation? Wouldn't that be correct? The summons said to contact the attorney, which I already have. I am now waiting on her to send me the notice of this dismissal without prejudice since I am agreeing to a contract with her in the amount of the $268.75 a month beginning on 7/30/04. Plus, she also said she would send me the paperwork to fill out for this amount.

I haven't received it yet, so I do plan on calling her again - and faxing & crrr'ing a "review of our telephone conversations" letter. I want to keep it all on paper so that I do have reference with her.

There is no place on this summons that says I need to do anything about going to court! Heck, I don't even know the address of this court, all it says is North Valley Justice Court, County of Maricopa, State of Arizona; and that I'm required to serve upon the Plaintiff's attorney an answer to the complaint.

I don't understand what an answer is, other than a debt validation...

I'm sorry I'm being so much of a confoozled person here.....


NOTE: I found this at: http://www.superiorcourt.maricopa.gov/justiceCourts/Info/civilsuits.asp

Dismissal
The plaintiff may dismiss the claim at any time prior to the defendant filing an answer or other responsive pleading. Once the defendant has filed an answer or other responsive pleading, both parties must stipulate, or agree, in writing to a dismissal. The defendant may ask the court for reimbursement of court costs and/or attorney fees incurred defending the action.

This must be what the attorney was telling me that she can go in and file the dismissal. I understand that I MUST get this in writing from her.

 

[Ladynred]

The only thing, and please correct me if I am wrong, to say in an answer to the complaint is to ask for validation? Wouldn't that be correct? The summons said to contact the attorney, which I already have. I am now waiting on her to send me the notice of this dismissal without prejudice since I am agreeing to a contract with her in the amount of the $268.75 a month beginning on 7/30/04.

No, the Answer to the Complaint is NOT your validation request. Since you've stated that you already contacted the lawyer and have agreed to pay up, then there is no need to answer. That's part of why they till you to contact the attorney in the first place, to get you to pay up w/o being forced by the court to do so via a judgment. The paperwork you're going to end up signing will be something called a 'consent to judgment' or a stipulation, something similar. What that means is that even though you have the lawyer have made an agreement, if you miss a single payment, then they can go back to court and a judgment is immediately entered against you (you have NO say) and they can then go forward with any other enforcement remedies - like bank levy and wage garnishment.

There is no place on this summons that says I need to do anything about going to court!

If you had not contacted the lawyer and made arrangments, you would have filed an Answer to the Complaint. Once they (court and attorney) get your Answer, then a hearing date would have been set and you would have been notified of that date.

I don't understand what an answer is, other than a debt validation...

If you look at the Complaint, there should be a series of allegations/charges, usually numbered. When you Answer a Complaint, you Answer each one of those charges/allegations with either "admit", "deny" or "lack sufficient knowledge". You would write out these answers in the same number order as in the Complaint. You would also use any affirmative defenses that you can avail yourself of. If the account is in dispute, then a general denial of all charges is what usually happens so that you get a court date and can make your case.

Here's a link to some information on Answering a Complaint so you'll know what the process is:

http://www.legalhelp.org/answering_complaint.htm

There is also a link to the Affirmative Defenses that may be used.

Validation, at this point really would be useless. You've agreed to pay and you have admitted the debt - and that's all they want - the money.

The dismissal - yes, get everything in writing and make SURE that the dismissal DOES get filed, otherwise, you could end up with a default judgment against you anyway. To be blunt, you really cannot trust them, their job is to get money from you any way they can allowed by law.

 

[julbug66]

www.superiorcourt.maricopa.gov

hello fellow Maricopan. go to the superior court webpage and check on the status of your lawsuit. it should have a case number on the summons. if not, you can search by your name in the Civil Court case docket. man, do i love their website!

um. after i wrote this initially, i looked at your profile, and your website. i feel like such a stalker, but i looked you up in the maricopa court system. you're not in there. so, that would leave me to believe that there really isn't an actual lawsuit against you. who is this attorney? are they actually an attorney? you'd be surprised at what some of these CA do to get your money. i just had a "lawyer" call me the other day telling me that if i didn't send them $3800 RIGHT NOW that they were going to sue me. sure, all the way from NY by a guy who isn't even a member of the NY Bar, let alone AZ. riiight.

 

[klhofbauer]

hello fellow Maricopan. go to the superior court webpage and check on the status of your lawsuit. it should have a case number on the summons. if not, you can search by your name in the Civil Court case docket. man, do i love their website!

um. after i wrote this initially, i looked at your profile, and your website. i feel like such a stalker, but i looked you up in the maricopa court system. you're not in there. so, that would leave me to believe that there really isn't an actual lawsuit against you. who is this attorney? are they actually an attorney? you'd be surprised at what some of these CA do to get your money. i just had a "lawyer" call me the other day telling me that if i didn't send them $3800 RIGHT NOW that they were going to sue me. sure, all the way from NY by a guy who isn't even a member of the NY Bar, let alone AZ. riiight.

That's very interesting! I will definitely have to find out for sure.. I received the Stipulation for Judgement papers to notarize and sign and send back to this attorney.

BUT... something has realllllllly really been bothering me, and I hope that LadynRed reads this....

I sent a C&D to GCServices, who was the first very rude collection agency back on December 16th.

There are two distinguishing paragraphs in the C&D (the rest is recollection of their collection tactics and telephone conversation quoting the FDCA)

These two paragraphs state:

You are hereby notified to cease and desist any and all telephone contact at either the account holder’s place of business and/or residence. This includes, as per the Fair Debt Collector’s Act (herein referred to as the FDCA), the contact of any of the neighbors, relatives, and friends of the account holder, as your initial “one time” for contact information, was utilized on December 8, 2003.

With all due respect, the please be advised that in the future, any correspondence will be directly with Citibank Collection services and not GC Services, and any and all future payments will be made by the account holder to either Citibank or to a different collection agency.

Now.. LadynRed... you will notice that I stated "any correspondence will be directly with Citibank Collection services NOT GC Services" - specifically naming GC Services. I said I would talk to, and make payments to either Citibank or a different collection agency..... SPECIFICALLY.

That said.. this "attorney" IS a different collection agency. I didn't tell Citibank to stop contacting me AT ALL. How could without validating my request to Academy - a second collection agency - which I even stated back in December that I WOULD talk to and make arrangements with a different collection agency - how can this attorney just go in and send this summons, and tell me that she couldn't call me?????

Thoughts? Or am I just "fishing"? I'm just bugged by this summons - because the only place I specifically stated that I would not communicate with was the very first and ONLY the first CA!

Thanks!!

KH

 

[JETX]

Couple of comments.....

Number 1:
"I received the Stipulation for Judgement papers to notarize and sign and send back to this attorney."
That is a COMPLETELY different version than in your first post where you said, "served paperwork from an attorney here in Phoenix regarding this Citibank card" which implies that you were served with a LAWSUIT. With that latest 'reveal' it is clear that you have NOT been sued... but have received a letter from an attorney (or not) with a threat of a lawsuit. They are NOT the same thing.... and this 'reveal' changes virtually all of the responses you have received to date.

Number 2:
Your statement of the paragraph in your C&D letter is useless. Simply, it is NOT a right given to you in the FDCPA.

Number 3:
Your 'ploy' of your 'demand' to only communicate with the original creditor (Citibank) is also not a right of the FDCPA.... nor does it prevent the original creditor or any authorized agent or collector to pursue the debt with you.

Number 4:
You again use the term 'summons' in your latest post. It appears from your own responses that this may NOT be a summons at all.... but is more likely an 'official looking' demand by a debt collector or collections attorney. Clearly you need to let someone look at it who has legal experience and can determine what it truly is.

 

[klhofbauer]

Couple of comments.....

Number 1:
"I received the Stipulation for Judgement papers to notarize and sign and send back to this attorney."
That is a COMPLETELY different version than in your first post where you said, "served paperwork from an attorney here in Phoenix regarding this Citibank card" which implies that you were served with a LAWSUIT. With that latest 'reveal' it is clear that you have NOT been sued... but have received a letter from an attorney (or not) with a threat of a lawsuit. They are NOT the same thing.... and this 'reveal' changes virtually all of the responses you have received to date.

I'm sorry - I wish I understood all of this stuff. I'm trying - albeit possibly not as good as what everyone else on here knows!

I wrote down what was on the paperwork that I was served with - exactly as it appeared from Tuesday 6/15.

The last time I spoke with the attorney - and she has her SBA #21353, Diana Theos; that was on Wednesday, and she stated that unless I default on the payments that she wouldn't garnish wages - and that this "Stipulation of Judgement" - which is exactly what it says under the now typed in case number - is the "contract" between their office and myself.

I tried to find the case number on the maricopa.gov website, but cannot. It's case #: CV04-04059RA.

Number 2 & 3:
Your statement of the paragraph in your C&D letter is useless. Simply, it is NOT a right given to you in the FDCPA.

Number 3:
Your 'ploy' of your 'demand' to only communicate with the original creditor (Citibank) is also not a right of the FDCPA.... nor does it prevent the original creditor or any authorized agent or collector to pursue the debt with you.

Okay.. got that part. I'm convinced.. *smile*. Like I said - was I just fishing, because I'm just so bugged by this! Mostly mad at ourselves for letting this get to this point, when I've tried so hard over the past 6/7 months to get everything else paid off and on time and "now this"!

Number 4:
You again use the term 'summons' in your latest post. It appears from your own responses that this may NOT be a summons at all.... but is more likely an 'official looking' demand by a debt collector or collections attorney. Clearly you need to let someone look at it who has legal experience and can determine what it truly is.

I wish I could afford it - but I can't. We have tried so hard to get back on our feet, and are on a strict budget that has no "free" money whatsoever. Some weeks we go without groceries - just to keep us on budget. Legal Aid takes several weeks - and that's all I need.. waiting several weeks, then finding out that I ended up waiting too long.... *sigh*

Thank you though Jetx - I appreciate your help and insight.

 

[JETX]

"I tried to find the case number on the maricopa.gov website, but cannot. It's case #: CV04-04059RA."
*** You won't find it, because a suit has NOT been filed. What they are wanting you to do is to sign a promissory note AND an 'agreed judgment'. The 'Agreed Judgment' is simply an agreement that if you fail to pay as promised, then they can walk into court and get a judgment without you having ANY defense or challenge to it. Simply, you are agreeing to their actions.

BTW, she is a licensed attorney in your state. Her information is at:
http://www.azbar.org/LegalResources/MF_Detail.cfm?ID=141257&SearchPageOffset=0&membio=n

If you want to fight this, or at least find out what your rights are, I suggest you contact your county bar association and ask if they have an attorney referral service.... in fact, here is the link:
http://www.maricopabar.org/lris1.shtml?lris
You pay $35.00 and then get a free 30 minute consultation with an attorney.

However, in all candor, I see nothing in your long thread that would even hint that you have any defense against this collection process. You provide nothing to suggest a SOL defense, nor do you apparently challenge the amount being claimed. Personally, if your financial situation is as you claim (other than that 40 acres of land), it looks like you really have little or no non-exempt assets to make it worth the cost and time of a lawsuit. I would consider simply calling the attorney and tell them to "go ahead and sue, it will just be the last straw with all your debts and force you to file bankruptcy". That threat might either back them off... or put them in a position to negotiate a reduced settlement with you. It really sounds like you have little to lose in playing the 'bankruptcy threat card'.

As for that land... do you live on it?? If so, then it would even be exempt.... as Arizona allows the following homestead exemption:
Homestead: Real property, an apartment or mobile home occupied by the debtor, up to $100,000. Sale proceeds exempt 18 months after sale or until new home purchase, whichever occurs first. Husband and wife may not double the homestead exemption.