[fhem45]

I have filed my answer with the court and I am wondering if I should now try to contact the attorney, Weltman, Weinberge &Reis, to see about a setltlement. I am still in the SOL and I just want this behind me. I don't know what I should do.

[hannah]

Originally Posted by fhem45

I have filed my answer with the court and I am wondering if I should now try to contact the attorney, Weltman, Weinberge &Reis, to see about a setltlement. I am still in the SOL and I just want this behind me. I don't know what I should do.

Is WW&R suing with Citi as plaintiff?

[fhem45]

That is what shows on the complaint. The plaintiff is listed as Citibank, NA. I know from reading, that Citi is tough to deal with. I just don't want them to get a summary judgement without my knowledge. I know even if you file an answer they can still get one. I would love to be able to pay this, but not at the expense of a monthly payment I can't afford. I don't really trust WWR either, I know they play dirty. This is just stressing me out so bad. I never should have let it get this far, but the payments were getting out of hand.

[hannah]

Originally Posted by fhem45

That is what shows on the complaint. The plaintiff is listed as Citibank, NA. I know from reading, that Citi is tough to deal with. I just don't want them to get a summary judgement without my knowledge. I know even if you file an answer they can still get one. I would love to be able to pay this, but not at the expense of a monthly payment I can't afford. I don't really trust WWR either, I know they play dirty. This is just stressing me out so bad. I never should have let it get this far, but the payments were getting out of hand.

When did the account charge off?

[fhem45]

Originally Posted by hannah

When did the account charge off?

around November to December of 2007. This is what concern's me. Also, this particular card does not show up on any of my credit reports. The only thing that shows is Citifinancial but it shows paid as agreed and 0 balance. It does not even show up in the negative part of the report either. I have come up with some questions for discovery, but I am wondering if this is the next road to take or to just wait to see if I get a trial date.

[hannah]

Ok, you are probably in Ohio, but I need to know for sure that is where you are.

Was it a Citi credit card or a loan through Citifinancial? When was the last payment that brought the account current?

Can you scan and post the complaint? Redact all personal info or just type out the complaint please.

[fhem45]

Originally Posted by hannah

Ok, you are probably in Ohio, but I need to know for sure that is where you are.

Was it a Citi credit card or a loan through Citifinancial? When was the last payment that brought the account current?

Can you scan and post the complaint? Redact all personal info or just type out the complaint please.

I am in Kentucky but WWR is in Ohio. The last payment was about November of 2007.

Here's the complaint


Commonwealth of KY
Court of Justice

Citibank, SD, NA
Plaintiff

Vs

Blah, Blah Blah
Defendant


Complaint

Comes now Plaintiff, by and through counsel, and for its complaint states herein:

1. The defendant is liable to Plaintiff under the Statement of Account filed herewith as Exhibit A.

2. Said obligation is past due, and Defendant owes the principal amount of 4719.72, together with accrued interest in the amount of $0.00 through date of judgement, plus interest thereafter at the rate of 12.00% per annum until paid in full.

Wherefore, Plaintiff prays for judgement against the Def. for the sums set forth above and costs.

Weltman, Weinberg, Reis Co. LPA
by
Doofus Lawyer
Attorneys for plaintiff
cin. oh.

[hannah]

I cannot see where you have a prayer of winning this in light of the info you have posted unless WW&R screws up badly. If you just want to put this behind you, call them and feel out what kind of settlement they will accept. It cannot hurt to discuss it.

[fhem45]

That's what I thought. My question is though, why does this particular card not show up on my credit report anywhere?

[hannah]

Originally Posted by fhem45

That's what I thought. My question is though, why does this particular card not show up on my credit report anywhere?

I can't say with any certainty unless it's not your's. Just be glad that it does not.

[fhem45]

Originally Posted by hannah

I can't say with any certainty unless it's not your's. Just be glad that it does not.

Thanks for answering, I am wondering if it has something to do with it previously being an AT&T Univeral card. Should I still send discovery or should I just try to settle?

[hannah]

Originally Posted by fhem45

Thanks for answering, I am wondering if it has something to do with it previously being an AT&T Univeral card. Should I still send discovery or should I just try to settle?

When you are fighting a JDB, there are ways to attack a case. You on the other hand are up against an OC with a recent charge off and they probably have documents out the wazoo as proof. I feel that you would be fighting a losing battle and going through a lot of stress and anxiety over a case you cannot win as the debt is legitimate and you have no COA for a counterclaim that I can see from what you have posted.

With the facts as you have posted, if I were you, I would try to settle it so as to avoid having a judgment on your credit report. Judgments can stay on your report for up to 7 years. I just found a FCRA case recently where a judgment went unsatisfied and was renewed. The judgment holder reported it again to the CRA's. The outcome of the case was that the reporting of the renewed judgment was considered a new debt and it was not a FCRA violation to report it again so now an unsatisfied judgment (if renewed) can be reported for up to 14 years. Depending on the amount of a judgment, this can severely impact your score.

Call up WW&R and point blank say you are considering settling the suit and offer them 50% (or whatever you want to start at). They will probably want a higher percentage so you will have to negotiate. Don't allow them to get you to admit to the debt, just say that you are thinking of settling because you don't want the hassle of court. It certainly cannot hurt to talk to them and if you can get a settlement of 50% or less, that is far less than you will pay if they win and hit you with the full amount, interest, fees, and attorney's fees.

[Enigma]

What is the amount prayed for in the complaint? Do you have other ghosts? What is your credit score like. Do you have assets that can be seized or wages garnished? Do your total monthly expenditures exceed your take home income?

[fhem45]

Thanks for the advice Hannah, I am going to call the law firm and see what they have to say. I'll make an offer and see if they will accept it. I just still don't understand why it does not show up on my credit report.

Enigma, thanks for answering also. The amount prayed for is 4719.00 and yes I can have my wages garnished. My husband has social security and a pension which I don't think can be touched. I let it get this bad, so I should pay. The sad thing is, 2700.00 of that is late fees and interest. I never used the card, it was a balance transfer and I was late and it snowballed from there.