Dismissal Without Prejudice but Not Over

[Laylani31]

My question involves collection proceedings in the State of: Georgia

Hi. I received a summons to appear in court a few months ago for a Citibank credit card collection. I showed up and the collection attorney tried to get me to settle. All he had was My name, the date he says my last payment was made,the account number, and the amount he says is owed including court fees and interest ($2400) The original balance he says is $1200 (before fees and interest).

I used to have a Citibank credit card but I was told my father paid it off before passing away because he wanted my mother and I to not worry. I do not have any evidence it was paid. All of the statements and bills were sent to my parent's house because I was in college at the time and moved a lot. I do have 2 credit reports that do not have any Citi account or collection for this account on them.

I told the attorney that I needed more information on the debt because I had no way of knowing that it is my card and no way of knowing if the balance he is seeking is legit.

He postponed the court date.

I called Citi but they could not pull up the account information using the account number provided. I was told to write a letter to them requesting the information but have not heard back yet.

By March, I had met the attorney at our scheduled court date and he continued to postpone the court date because he assumed I would receive something showing I owe the debt and agree to settle.

I spoke with the attorney this morning and he tried to get me to settle over the phone. I called him to let him know I still had not received a response from Citi. He told me to settle anyway and he would reimburse me if I could prove I owe nothing. I told him I'd rather go to court and present the small amount of information I have to the judge. He told me we wouldn't proceed with going before the judge and that they would sue me in STATE court in front of the big dogs with all of the evidence. He said they would uncover everything. I met the attorney at the court house and he filed a Dismissal without Prejudice and said he would see me soon in State court.

My question is why would he not proceed with the small claims hearing? Why would he want to take me to court for a debt that he says was charged off at $1200? I honestly do not know if this is my debt and do not want to pay without additional information proving it... but I definitely do not want to go to State court. Anyone have input? Thanks!!

[Mr. Knowitall]

He doesn't have to proceed in small claims court. A regular trial court is much more the home territory of a lawyer.

He has the burden of proof. If he has no evidence that you owe the money, the claim won't last long in any court. If he does, and the best you can do is claim that you think somebody else paid off your bill, your defense probably won't last long, either.

You give no idea of the timeframe here, but it sounds like you're talking quite a few years; consider, if applicable, a statute of limitations defense.