[kccustom]

Location - NC

Really need some help on this one. I was served a summons dated 12-14-07 by sheriff. The CA's (A very large one that shall remain nameless) lawyers are coming after me for nearly 30k. They claim that the original debt is from a Citibank credit card - BUT I don't have any Citibank credit card accounts as charged off on my credit reports. I lost my job in May 2003 and stopped paying all my cards at that point. I have some Citibank cards on my report but they are all closed and paid as agreed.

So far I sent an answer to the summons on 1-4-08. With Christmas I did not have enough time to do proper research and so my answer was not point by point as it should have been. I met with an attorney today and he said that my answer wasn't in proper form but it was satisfactory. He recommended calling the CA's lawyer and asking for their permission to file an amendment.

The attorney I spoke with today said that in their filing that the plaintiff did not sign and so it is not a verified complaint and that they can't file for summary judgment which could be good for me.

This same law firm came after me last year and I was stupid and got scared when I saw the summons. The got 8k from me and then I just got a 1099 from the CA for another 4k. Worst part of this one was the CC account was way past SOL in NC which is 3 years.

I am new here but would really appreciate help from the big guns. I have been reading everything I can for the past month but I am worried. Losing this would wipe me out. I can't declare BK so I am really stuck. Reaching a settlement would be almost as bad especially since they will get money and then 1099 me for the rest. Anyone willing to help please let me know and I will post contents of the summons and my response.

[hannah]

You need to find out when the last activity was on this account. With a 3 year SOL, it should be out of statute if it was one you quit paying on in 2003. Is there an affidavit of the debt included with the complaint? If so, what does it say? When does it say that you had this account and quit paying on it?

What does your attorney say?

[kccustom]

Thanks for the fast reply. I am digging out my old CC bills to try and figure out when the last activity was. That's really the crazy part because the CA is claiming they bought this Citibank account but there is no Citibank charge off on any of my credit reports.

In the papers that came with the summons the only "proof" they offer is a photocopy of a Citibank account agreement. It doesn't have any signatures or anything indicating that it's mine. They don't have any receipts from activity.

The attorney I met with said it was definitely odd that there was not a charged off account in my credit reports. He wasn't very aggressive about the entire situation so I think I am going to look elsewhere for representation. He didn't really seem to think that working from the sol being up was going to get anywhere. Said that maybe in discovery if they can't prove I had the account that maybe we could get it dismissed.

Here is a copy of what was in the Complaint. I am leaving out the exact dollar amounts and plaintiff name.

State of North Carolina In the General Count of Justice
County of (my county) District Court Division
Case number XXXX

Collection Agency So n So
Plaintiff

vs

Me
Defendant


The plaintiff, complaining of the defendant, alleges and says as follows:
1. The plaintiff in a New York Partnership, with a principal and place of business in Hamilton County, Ohio.
2. The defendant is a resident of XXX county, North Carolina.
3. The defendant entered into a promissory note of other written credit agreement in favor of Citibank (South Dakota), NA pursuant to which Citibank NA extended credfit to the defendant. Attached hereto is a true and accurate copy of that credit agreement.
4. Thereafter , this account was sold to and acquired by So n SO Partners the plaintiff herein, and the plaintiff is now the holder in due course of the account.
5. The defendant is in default under the terms of that note or credit agreement, in that the said defendant has failed to make the payments due thereunder.
6. Pursuant to terms and provisions of the note or credit agreement the defendant is lawfully indebted to the plaintiff in the principal sum of (dollar amount around 21k) together with interest thereon at the contract rate of 23.99% per annum. Said sum has been outstanding since January 1, 2007.
7. The written credit agreement between the parties contains provisions for the payment of attorney fees in the event of default. The balance outstanding in currently (almost 23k) comprised of the principal, together with the interest to date of (almost 1k). Pursuant to the provisions of GS & 6-21.2, the plaintiff hereby gives notice to the defendant that it intends to enforce those provisions of the credit agreement calling for the payment of attorney fees. The plaintiff hereby further notifies the defendant that the said defendant may avoid the imposition of attorney fees by paying the current outstanding balance of (almost 23k) to the undersigned at the address shown within 5 days after the defendant has been served with a copy of this complaint and summons. If the defendant pays said sum to the undersigned within 5 days after service the plaintiff will neither seek to enforce those provisions, nor pursue further legal remedies against said defendant.
Wherefore, the plaintiff prays the court as follows:
1. The the plaintiff have and recover from the defendant the principal sum of (almost 22k).
2. That the plaintiff further have and recover from said defendant interest on said sum at the contract rate of 23.99% per annum from January 1, 2007 to the date of judgment, and at the rate of 8% per annum thereafter until paid.
3. That the plaintiff further have and recover from the said defendant its reasonable attorney fees in the sum of (almost 4k) which is 15% of (almost 23k) the current outstanding balance pursuant to GS & 6-21.2
4. That the plaintiff further recover from the said defendant all costs of this action.
5. For such other and further relief as the Court may deem just and proper.

Then it has the Signature and address for the attorney BUT doesn't have a signature of the plaintiff's rep.

Here is my Answer - I know it's wrong but the attorney I met with today said technically it is sufficient.

My Name and Address


The CA's Attorney name and address

Re: So and SO CA

v
Me
Case number XXXX

I am writing you in reference to the Civil Summons that was delivered to me in December 14th. 2007.

With regards to the claims of the plaintiff SO n So partners within the cmplaint.
1. I never entered into any type of promissory note or other written credit agreement with the plaintiff.
2. All accounts that I have had in the past or currently hold with Citibank NA are in good standing or are have been paid in full.
3. I am not lawfully indebted to the plaintiff for any monetary sum as I never entered into any promissory note or credit agreement with So n SO partners.

If you choose to pursue this matter the plaintiff must do the following.
1. Furnish proof of the promissory note or other written agreement that I entered into with So n So partners.
2. The plaintiff must also show proof that they legally bought and acquired an account opened in by me with Citibank NA.
3. In order to prove this the plaintiff must provide the Citibank account number which they allegedly purchased.
4. They must also furnish the dollar amount that they paid in order to acquire this account.
5. They must also provide the date that they bought the account.

If I have not received response to this letter within 30 days this matter will be closed and final.

The original version of this letter has been filed with the clerk of courts.

Then I signed and had it notarized.

The attorney I met with said I basically said I don't owe them anything and that was what mattered most. He said they of course don't have to do any of the stuff I asked until discovery. He also said the sooner I can get them into court the better as it gives them less time to find evidence of the account. He said try to do an amendment to my answer if possible though.


Any further thoughts based on the above?

[hannah]

You need to file a motion to amend your answer stating the affirmative defense of time barred (as I think it probably is).

I would call Citibank and explain that you are trying to get some information on an account that you may have had with them. They will ask for your full name, addy, and social. They will need this to find the account. Record the call if you can.

You also need to get your discovery out to them.

[kccustom]

Thanks again for the fast reply Hannah.

I have looked around but couldn't find much on how exactly to do as you suggested and file a motion to amend my answer stating the affirmative defense of time barred.

I realize that I need to go down to the court house and file this with the clerk but I am guessing it has to be formatted correctly and I am not sure exactly to do that. I'll look around some more and see what I can learn.

Sounds like perhaps I may need to get an attorney to handle that. Maybe not the one I spoke with today but somebody.

[Aftermath]

Hi,

It appears that the State of NC has a website geared to the general public and Court proceedings. They do give access to all sorts of forms which can be filled out and printed. Hope this is some help. It's the form for an Amended Answer.

http://www.nccourts.org/Forms/Documents/304.pdf

Aftermath

[kccustom]

Wow aftermath. That is really helpful. You would think I would have found that site before now. Thanks again!

Here is today's update. I called Citibank and talked to their rep for 15 minutes. I recorded the call. Basically they said they have no record of the account. They said however if they would have turned it over to a CA then they would still have it in their system and that it would definitely be on my CR.

They gave me the address where I could write to them and get this confirmed in writing that I did not have a balance that was charged off. I feel better since the call but clearly not out of the woods.

Seems like if they don't have record of the account at all that this must definitely be at least outside of the SOL if not fraud on the part of the CA. I'll post updates as soon as I have them. Going to file my amended answer and possibly talk to another attorney Monday.

[hannah]

Did you ask them if they SOLD any account of yours to a debt buyer?

[kccustom]

I told the rep that part of the reason for my call was that a Debt Collector was claiming that I owed them a balance that had been charged off on this specific account number by Citibank.

The rep said if that had happened that she would be able to see that and it would be on my credit report. I can see in my CR that the account number Unifund is claiming is the card number of the last card that I had. The expiration date on the card is 3-31-04 so I that somewhat indicates the age. I kept all my cards even through they were no longer any good just in case. I quit paying all my cards in May 2003 after I lost my job and was out of work for 6 months. Never made any payment since. The only other activity was to settle with this same law firm for a different CA last year on a B of A card - I was sooo stupid to pay that but didn't know any better. Talked to an attorney and he said take the settlement. Really dumb.

So do you think I should call back and try to make them dig deeper. I even asked the rep point blank - is there any group within Citibank that I can talk to that would be able to find this old account and she said no that it is completely out of their systems.

I saw a posting from Enigma on another thread that mentioned trying to talk to Citibank's "General Counsel" department. Not sure how far I would get with that but perhaps on Monday I could give that a shot as well. I am definitely going to write them and try to get something that confirms or denies whether or not they sold any balance to a debt buyer. As I see it this may be my silver bullet against Unifund.

[hannah]

Go ahead and write to Citi and get the confirmation in writing. It can be your Exhibit A.

[kccustom]

Thanks Hannah. I am going to actually call them again this morning to have a more concise conversation with a rep. I will be mailing them tomorrow for the written confirm.

[ilovemydogs]

Originally Posted by hannah

You need to file a motion to amend your answer stating the affirmative defense of time barred (as I think it probably is).

I would call Citibank and explain that you are trying to get some information on an account that you may have had with them. They will ask for your full name, addy, and social. They will need this to find the account. Record the call if you can.

You also need to get your discovery out to them.

Interesting that Citi sold the account as IME they always keep the debt and sue thru a third party.
So on your credit reports there is NO entry with the account numbers U is saying they are dunning you for?
Think hard now as far as what CC it could have been.
Also it probably is out of SOL and I bet anything the fact you paid off U that they started checking you out and now want to buy ALL of your CO's as they think you are easy.
ILMD

[ilovemydogs]

Originally Posted by kccustom

I told the rep that part of the reason for my call was that a Debt Collector was claiming that I owed them a balance that had been charged off on this specific account number by Citibank.

The rep said if that had happened that she would be able to see that and it would be on my credit report. I can see in my CR that the account number Unifund is claiming is the card number of the last card that I had. The expiration date on the card is 3-31-04 so I that somewhat indicates the age. I kept all my cards even through they were no longer any good just in case. I quit paying all my cards in May 2003 after I lost my job and was out of work for 6 months. Never made any payment since. The only other activity was to settle with this same law firm for a different CA last year on a B of A card - I was sooo stupid to pay that but didn't know any better. Talked to an attorney and he said take the settlement. Really dumb.

So do you think I should call back and try to make them dig deeper. I even asked the rep point blank - is there any group within Citibank that I can talk to that would be able to find this old account and she said no that it is completely out of their systems.

I saw a posting from Enigma on another thread that mentioned trying to talk to Citibank's "General Counsel" department. Not sure how far I would get with that but perhaps on Monday I could give that a shot as well. I am definitely going to write them and try to get something that confirms or denies whether or not they sold any balance to a debt buyer. As I see it this may be my silver bullet against Unifund.

So you DID have an account with Citi? If not what was the name of the card?

[kccustom]

Thanks ilovemydogs. Yep I know I had a Citibank account. There are no charge offs on my CR report though from Citibank and I can't find any paperwork that indicates I had a balance that was charged off.

On my credit report there is just the U*****d entry. In their entry it says that the original creditor was Citibank.

I actually called Citibank again today and talked to another rep. Told him the situation and he said if they had charged it off they would have put it on my report even if they had sold the debt. This rep just like the one I talked to on Saturday could not find any sign of my old account. The rep said since there is no entry on my CR of a charge off on the account that I should definitely dispute it.

I am just trying to find all the holes I can at this point. Either way I feel 95% sure the SOL is up on this one. Seems odd that the same law firm would be used by two different CA's. This is the only big one I have left so once I get past this the rest I can deal with in short order.

[apexcrsrvc]

Could be a Zombie debt that is past the date of obsolesence for reporting. Did you have a Citibank account a long time ago; i.e., longer than seven years ago? Did you ever have an Associates card? It could have been something they underwrite.

[kccustom]

I am not sure about it being a Zombie debt. I still have the card and the expiration was 3-31-04 with an issue date of 02-01 so it's definitely an old account but not older than 7 years. It was a standard Citibank platinum select card.

I am pretty confident that if Citbank had charged anything o ff that they would have reported it and it would definitely be on my CR.

I am in NC with a SOL of 3 years so think I am okay. Their attorney filed the complaint in May 07 but I was not served until Dec 07.

Meeting with a good (hopefully) attorney tomorrow to get his take on the situation. I think we are just going to have to Subpoena citibank legal to get absolute confirmation.

[hannah]

Originally Posted by kccustom

Their attorney filed the complaint in May 07 but I was not served until Dec 07.

Meeting with a good (hopefully) attorney tomorrow to get his take on the situation. I think we are just going to have to Subpoena citibank legal to get absolute confirmation.

You may not have been legally served if the Summons was issued in May and not served until Dec.

NC Rule 4 states that:

(c) Summons – Return. – Personal service or substituted personal service of summons as prescribed by Rule 4(j)(1) a and b must be made within 60 days after the date of the issuance of summons. When a summons has been served upon every party named in the summons, it shall be returned immediately to the clerk who issued it, with notation thereon of its service.

Failure to make service within the time allowed or failure to return a summons to the clerk after it has been served on every party named in the summons shall not invalidate the summons. If the summons is not served within the time allowed upon every party named in the summons, it shall be returned immediately upon the expiration of such time by the officer to the clerk of the court who issued it with notation thereon of its nonservice and the reasons therefor as to every such party not served, but failure to comply with this requirement shall not invalidate the summons.

You need to get your butt o