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clspra

Junior Member
What is the name of your state? VT

My husband was served today by a town sherrif. The notification is from a semi-local attorney who is representing Citibank.
WE WANT to pay this debt but we can't do it....at this very moment.

I have a couple of questions:
When I called Citibank they told that they legally had to notify me that only my husband is responsible for the debt.

Question: Even though I was an authorized cardholder, is it true I am not reponsible? Only my husbands name is on the summons.

Second question is: Can they put a lein on our home? And, what does that mean exactly?

We have had this credit account for a very long time and never had late payments. Last June we mistakenly made a payment that was 3dollars short and they upped our APR to some ungodly amount. I didn't see this until two months later. I called right away and they told me that they they would correct this as it was an obvious clerical error. They told me that they can see we have always paid on time and it was a very simple mistake. I continued to pay my normal minimum payment and everything just snowballed. They did correct the APR issue for a minute...until all the extra interest they charged in that two month span was never reversed and everything got out of control. It got to the point where the minimum payment was just too high and we stopped paying. Not a smart move, I know. In January we were contacted by UnitedCollections, I sent them a certified letter asking for proof or the debt, they never responded. I then received a letter from a local lawyer, we replied to him in writing and asked him to validate the debt. He sent us a copy of our statement, that's it. That doesn't sound like validation to me.
In the end, we know we owe this but it's just under 20K and we don't have money like that. I tried to get money from a 401k, was told no, have been tryng to refinance to get cash out (under just my name since my husbands credit is a mess) and it is taking so long with all the mortgage stuff going on. I'm approved for the loan but have no idea when it will go through. We are not trying to get out of this but I don't know what to do next.
Should I get an attorney? Should we represent ourselves?
Ohhhh...we're so stuck. Please any help would be great. I have read so many of these boards that my mind is swirling. Thank you very much.What is the name of your state?
 


ecmst12

Senior Member
Never take money out of your 401k to pay a debt. That money is otherwise 100% safe from creditors.

If the debt is just in his name, and the house is just in your name, that quite possibly means they can't touch the house.

I actually think you should consult a consumer advocacy lawyer. It sounds like you are a good customer, not a deadbeat, who got taken advantage of by shady business practices on the part of the credit card company.
 

clspra

Junior Member
Thank you for your reply.
I looked up Consumer Advocacy in VT and all I can find is a site that helps when you are fighting utlities and such. Any ideas?
At this time the house is in both of our names, once the refinance goes through, it will be in just my name because it's the only way the refinance will work.
 

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