What to do (First Resolution Investment)

[inquiringmind]

I just received a summons from Daniel N Gordon PC signed by Matthew R Aylworth (Oregon State Bar #070930) I pulled my annual equifax report and saw that their firm had run my credit 3 times in the last 6 months. I am sending a combination DV and Non PP letter today.

It is in regards to a defaulted Citi Bank credit card account. However, NOWHERE on my Equifax report does it show any account history with Citibank, only account history with First Resolution Investment. Is this typical?

The account in question was originated in Idaho, and the CR shows a 1st default date of 4/2004, putting us right at the 4 year SOL cutoff.

What is a good course of action to take here? What I am thinking goes something like this:

File a motion for dismissal based on the expired SOL

Counter Sue for $3,000 under the FCRA for the 3 credit inquiries if DV is not satisfactory, as well as any court/attorney costs.

Attorney costs may not be an issue, as I plan to represent myself.

[jlynn]

A DV now is like taking a knife to a gunfight. You need to focus on your answer. If they are attempting to collect a debt, then they have PP. Did you have a Citibank (or a Citibank branded account like Sears and Home Depot)?

Others will more eloquently explain why an MTD for SOL is not the move you need to make.

[inquiringmind]

I do not want to claim or deny ever possessing a Citi Bank issued credit card, as I can not be sure of the legal implications.

In theory though, If I did have a Citi Bank CC wouldn't citi be listed on my CR? And if there was never any history listed with Citi, how would that affect judgement?

[jlynn]

Your credit report has nothing to do with the existence or non existence of a debt. Reporting is voluntary.

If the attorney can produce enough documentation to satisfy the court they will be granted a judgment. And ask people around here - Citibank keeps excellent records.

[ilovemydogs]

Quote:

Originally Posted by jlynn Your credit report has nothing to do with the existence or non existence of a debt. Reporting is voluntary. If the attorney can produce enough documentation to satisfy the court they will be granted a judgment. And ask people around here - Citibank keeps excellent records.

Yes they do but their CA's have been known to mess up big time.
ILMD

[hannah]

When exactly was the date of your last alleged payment to alleged Citibank that brought the alleged account current and in good standing?

[inquiringmind]

I'm trying to decide right now if I want to fight them, or just go chapter 7. It's only about $175 difference in court costs for me to file Chapter 7 rather than any motions with the First Resolution case.

I think I'll hold out for the DV info they send me, so I can see exactly what I'm up against. Daniel N Gordon has a horrible reputation around here, they have quite a few pending federal cases against them in regards to their collection practices.

The attorney who signed the document also has an Oregon Bar documented Reprimand from less than a month ago.

[inquiringmind]

Quote:

Originally Posted by hannah When exactly was the date of your last alleged payment to alleged Citibank that brought the alleged account current and in good standing?

In theory, this account was never brought current. I do imagine it being a strange approval situation though. If, per se, the written application for credit was denied, then later approved over the phone, because they at first thought I had an address outside of the USA.

[hannah]

Quote:

Originally Posted by inquiringmind In theory, this account was never brought current. I do imagine it being a strange approval situation though. If, per se, the written application for credit was denied, then later approved over the phone, because they at first thought I had an address outside of the USA.

Well regardless of the approval, when was the last time you made a payment that kept the card in good standing. Obviously you charged something more than the annual fee, right? Did you default right off the get go? When? This date is what starts the SOL running. It is important as you can bet Citi has that date.

[Enigma]

Your DV/PP letter at this point is moot. A lawsuit has been filed and it needs to be answered in accordance with OR-RCP.

In order to file a Chapter 7 you must first meet certain requirements. If those are not meet and you do not file a timely answer you may end up with a default judgment being entered against you.

In your over all financial situation, do you have substantial outstanding debt and no assets? If there are assets then a Chapter 7 may not be viable. If a Chapter 13 is your only option then Citi will get paid most likely.

File an answer along with any affirmative defenses and seek the advice of BK counsel ASAP.