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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Credit Card Lawsuit Filed

    My question involves collection proceedings in the State of: Ohio

    I apologize in advance if I'm posting this in the wrong place. I wasn't totally sure where to post.

    I took out a credit card with Citibank with a $2400 limit when I started college. Needless to say, the card kind of fell through the cracks of my stupidity, and I eventually started getting the collector's calls. I sent a debt validation request last December because I began getting threats of lawsuits from Javitch, Block & Rathbone representing Midland Funding. They responded within 30 days with the validation and last bill stating my last payment as having been in 2006. I didn't know what to do at this point.

    A little background info. I am married with three young children. This card was something I did before we knew one another (my husband knows about this whole mess). We own our own house and vehicles; everything is in his name. Jointly we have a checking account. He works and goes to grad school; I stay at home with our young children, thus, I have no income, no assets, nothing of personal value. I wanted to set up a payment plan with the creditors, but they ignored requests I made before sending the validation letter at my request.

    On the 3rd, I received a summons in civil action from our county courthouse. The letter includes a return of service of summons (which I have no idea what to do with), and says I must answer within 28 days.

    Please, any help would be super. I don't understand legalese at all, and I don't know what my options are as to what I need to do and/or can do at this point. Obviously, I would like a best case scenario, but am completely unsure as to how I can achieve this.

    I tried to get some help at another forum, but they were contradictory in their advice, making things exceedingly difficult for me. I am aware of an arbitration clause in the T&S listing AAA and NAF as arbitrators, but I cannot seem to find the T&C from when this card was charged off. Even still (and I've read lots and lots in attempts to understand), I have no idea how to go about filing for arbitration--if I do this before I answer the summons (another thing I'm unsure of how to go about doing the correct way along with discovery)--or if this is something I should even bother doing.

    My time is running short, and I've actually contacted legal aid to help me with this matter. I'm having a difficult time getting an actual person to answer when I call them back (they've tried to contact me a few times since I applied online, but apparently I have a privacy manager on my phone that I knew nothing about).

    Any help would be greatly appreciated. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Credit Card Lawsuit Filed

    You've been sued. If you don't answer the lawsuit the plaintiff will obtain a default judgment against you. You have not yet indicated that you have any defenses to the debt.

    You can try contacting the credit card company for a copy of the terms and conditions of your card. I am skeptical that there's a provision that will prevent them from suing you for the money you owe, four years after your default. Without access to the terms, I can't tell you when or how you can initiate arbitration.

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