Expert: Creditwrench - 12/11/2008

Question
QUESTION: I received a 20-day court summons for a suit filed by a debt collector for two credit card accounts originally owned by Citibank. I need to file are written response by the 18th of Dec and I'm not sure where to begin.
Here are the details:
1. Last payments made directly to credit cards was May 2003.
2. Last payments made through debt consolidation company was May/June 2004.
3. I have been harassed for years for the collection of the debt on these credit cards, but I've simply ignored them and have not responded to any debt collector.
4. My accounts have been sold to many debt collection companies.
5. Accounts were charged off by Citibank in Nov. 2004.
6. I did not receive any documents attached to the summons validating these accounts or that they were sold to the current debt collector.

I had to perform a lot of research to get the information that I have. Because I had no clue I even owned Citibank credit cards and for what accounts I was being sued for, as I have a three more cards that I haven't being paying for the same period of time.
I have spoken to an attorney who stated that it's beyond Statute of Limitations and that I should not make any settlements with them.

However, here are my questions:
1. I've read up on previous SoL cases and the debtor ended up paying, with reason that the SoL defense was admittance to the debt and was simply an avoidance of repaying the debt. I don't want to be put into that situation. What are the cases of that happening?
2. I would prefer not to hire an attorney due to the expenses involved. Most attorneys I have contacted are charging $450 (flat) - $750 (retainer fees) to generate and file a response letter. But if I can do it myself, I would rather go that route. Any advice with that?
3. What should my response letter entail? Should I use the SoL defense and stated that in the response? Should I request validity of debt from the collections company?
4. I strongly believe I have a SoL case, as I have numerous documents and credit reports dating back to 2004.

Please..please..please help…the clock is ticking..


ANSWER: Your SOL defense would have to be based on the date you made your last payment to the creditor plus 30 days and not when you made your payment to the debt collector in 2004. I believe that you should also file a denial and then send the denial and your demand for admissions to  the plaintiff's attorney and get the ball rolling that way.


---------- FOLLOW-UP ----------

QUESTION: What exactly is a denial? And a demand for admissions?

Is that what my summons response should consist of? A denial and a demand for admissions?


Answer
There are several different types of denial. For instance a general denial accompanied with a list of affirmative defenses, a qualified written denial, a graduated denial just for instance. Demand for admissions should be a list of things that you want them to admit to. I recommend a list of about 40 different things you want them to admit to. Once you have their responses back then you have a foundation upon which to build your demand production of documents. Then once you have their response to that you can formulate your list of interrogatories in case that is needed.

I can't advise you what to use for your response or for your demand for admissions. I'm not an attorney so I can't give you legal advice but I can tell you what I would do if I were sued because I have used them and I know they work very well. If you want to use what I would use that's up to you.

Also, if the summons was the first communication I had received from the lawyer I would also send an demand for validation of the debt at the same time I sent the lawyer a copy of my response, demand for admissions or whatever else I might have filed.

Discovery has a timeline just like there is a timeline for having a response to the complaint into the court. I would want the lawyer behind the timeline instead of me being there.