Weltman,Weinberg,Reis

fhem45 · 07-13-2008, 11:50 AM

Hello to all,

I received a summons from this company and I am trying to prepare my answer. Other then the complaint, the only other paperwork they sent was a statement from the credit card company (Citi) with my name marked Exhibit A and nothing else. I have been researching this company and they have alot of lawsuits against them and they are known to fabricate paperwork.

How do I know that they own the debt? Would they have had to provide an affadavit with the documents they provided to the court? The complaint says Citibank vs xxxx, so I am wondering if they are truly holding the debt or just using Citi's name. Any advice would be appreciated.

Enigma · 07-14-2008, 01:16 AM

It sounds like that Citi retained them to file suit against you.

What was the date of first delinquency? Is this the first communication you've received from WWR? If not, did you DV them? What are the statute of limitations in your state? Does the summons and exhibit(s) conform to your local Rules of Civil Procedure? Where you properly served? The amount prayed for in the suit, is that amount correct? Do you have any documentation to bolster your position? Is there any portion of the amount sued upon in dispute, e.g. have you lodged a FCBA dispute with Citi.?

Do you have any affirmative defenses?

fhem45 · 07-14-2008, 12:17 PM

Thank you for answering. Actually this is something that I should have taken care of before now! Citi bought the card from someone else and I was paying on it ok until a payment was not posted timely and the interest rate went through the roof. I could no longer pay the amount they wanted. I called Citi to see if I could send them the money and they said no. I did send a DV letter to WWR and all I got back were pages of statments, no contracts, no payment history etc. I am wondering if I could still try to pay the balance with Citi or should I send the answer and then call the collection agency to settle. I am beating myself up because I should have never let it get this far. The sad thing is, I never used the card it was a balance transfer only. The card has been closed for years. I am not out of the Statue of Limitations on it either (KY). I think I am going to suck it up and offer a settlement.

Enigma · 07-14-2008, 01:22 PM

You need to file an Answer.

Then I would attack the Citi purchase.

fhem45 · 07-14-2008, 05:17 PM

I went to the courthouse today to get a copy of the affadavit, and there was no affadavit from the law firm. I was thinking that under KY law, they would have to file an affadavit.

I am going to give them a good fight if that is what they want. I will probably lose in the end but I'll go down fighting just for the principle of it.

fhem45 · 07-15-2008, 12:33 PM

I just checked all 3 credit reports and there is nothing on any of them that says ATT/Citicard. The only thing on there that remotely resembles anything is Citifinancial, but it says paid as agreed, 0 balance. Would you consider this in my favor?

There are only 2 negative things on my report and I have disputed them. This particular account does not show up anywhere on any of the reports. The only thing I do show is that WWR asked for a copy of my report back in May of this year. Did they have a right to do this without asking me?