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  1. #1
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    Feb 2011
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    Default Can a Chase Credit Card Really Be a Citibank Card

    My question involves collection proceedings in the State of: Texas

    My wife has been served papers from a collection agency suing her for a default on a Citibank credit card. She has never had a Citibank card which she verified via the phone with Citibank yesterday. The information the collection agency's attorneys have given is very close to the information on her credit report from a Chase card, although the card number they gave doesn't match. We want to challenge this based on the fact she has never had a Citibank card but wonder if it is possible that although she got the card through Chase could it have been serviced by Citibank? Doesn't seem reasonable to me, but we don't want to challenge and then find out that the cards are one and the same.

  2. #2
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    Default Re: Can a Chase Credit Card Really Be a Citibank Card

    What do you mean, "served papers"? If she has been served with a lawsuit she needs to defend herself. If this is a first contact from a collection agency and not a lawsuit, she will want to make a timely request for them to validate the debt.

    The reference to Citibank could be a clerical error, or it could be a different default than the one your wife is seeing on her credit report.

  3. #3
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    Default Re: Can a Chase Credit Card Really Be a Citibank Card

    Quote Quoting Mr. Knowitall
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    What do you mean, "served papers"? If she has been served with a lawsuit she needs to defend herself. If this is a first contact from a collection agency and not a lawsuit, she will want to make a timely request for them to validate the debt.

    The reference to Citibank could be a clerical error, or it could be a different default than the one your wife is seeing on her credit report.
    I know you're trying to help, but please read: As I stated, she is being sued. I also stated she confirmed with Citibank that she has never opened a Citibank card account.

    The question is pretty straightforward--is it possible that a Chase card could be serviced by Citibank, thus the collection agency bought a Citibank serviced account that was logoed as Chase.

  4. #4
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    Default Re: Can a Chase Credit Card Really Be a Citibank Card

    Lots of people who post here get confused by the correspondence they receive. There is no need for you to be a jackass.

    The answer is the same.

  5. #5
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    Default Re: Can a Chase Credit Card Really Be a Citibank Card

    If she is being sued, she did NOT get served by the collection agency. The party can't do the service, it has to be a third party, a sheriff or an authorized process server. Once served with the summons and complaint, she MUST file an answer, usually within 20 days. In place of an answer she could file a motion to dismiss or in this case more likely, a motion for summary judgment. If you file an answer, you deny the claims of the complaint. You should consult an attorney, or at minimum research online how to fight a credit card debt.

    There are specific documents the collection agency must file with the complaint. You should require them to prove that they own the debt, prove that the debt belongs to your wife, and then prove the debt itself.

    Many times the collection agencies didn't get the original paperwork, and can't actually prove the debt. Other times, they may have the paperwork, but that can be fought as they can be prevented from introducing it without testimony from the custodian of the record. It is highly unlikely they will get the credit card company employee responsible for the original record keeping to show up in your wife's case or anyone else's.

    They also have to have the original application with the credit card agreement. There is no legal debt if there is no contractual agreement.

    Most people who get sued for credit card debt by collection agencies, rather than the actual original owner of the debt, can beat it but they are clueless.

    It is a similar situation where MERS trys to do a foreclosure and does not have the note with the mortgage. Plus, it has been established in court that they do not have an agency relationship with the mortgage holder and have no standing to foreclose on a mortgage. In fact, at least 25 percent of the home mortgages in the US are unenforcable debts and people actually own their homes free and clear.

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