Do I have a leg to stand on?
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Posted by mes1
(65.40.241.247) on March 11, 2004 at 19:56:20:
Hello. I'm being sued on a Citibank account, now owned by New Vision Financial. When I went into default in January, 2002, the balance was about $4800. They charged it off eight months later at about $5600.00. Now I'm being sued for the charge-off amount plus attorneys fees for close to $6000.00. Anyway, I answered the summons disputing the total and I sent them interrogatories requesting copies of all my statements showing amounts charged and interest and penalties added on. They have not sent this to me for over 60 days. I posted a couple weeks ago about this and someone suggested getting the judge to order them to answer interrogatories. I did not do this yet, but meanwhile I received a motion for Summary Judgment from them, which I objected to saying they didn't send me answers to interrogatories yet. I just then today received a copy of a letter in the mail that the attorneys sent to the Judge in response to my objection. They did attach a copy of a computer printout with the charged-off total (which they never sent me) to the summary judgment, and they are saying I have no material issue of fact to dispute the total and are asking the Judge once again to enter Summary Judgment. Do they have to provide me with some sort of substantiation of the total or is the computer printout enough? Do you think the Judge will enter Summary judgment? Will he do this without me being there? Should I still try to get the judge to order answers to interrogatories? I have another lawsuit too. All this debt is from my previous marriage and I had to take some on when I got divorced. I went with a debt settlement company who said I could settle for about about 40% and have three years to do it before the credit card companies would sue. I did settle one card, but the other two sued after about a year-and-a-half. I would have been able to settle another one for about 40% now, but the attorneys want 80% or payments on the full balance. I think I should have just gone bankrupt before, but I guess I could still do it now. If they file a judgment I probably definitely will. I have absolutely no assets - I don't know why they even sued me. Well, thanks for any input. I'm in New Jersey. Marina
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