What Is A Citation Petition?

Logan · #1 06-09-2005, 02:15 PM

Greetings

I am in a quandry. My wife and I are currently in the process of disputing our C.C. alleged debt. We are in the 6-7 month period, and not one of our banks have done anything short of harassing us via phone and/or ignoring our requests for Verification of Debt. We have not had any major hurdles to deal with until yesterday.
Yesterday a local sheriff deputy came to my home and delivered a Citation Petition from Edward Bukati @ Law in my state, representing Citibank's interests. This apparently is a subpeona addressed to my wife, concerning the dispute she has against her alleged debt with Citicard.

Now, we had heard from this firm before. They had attempted several times to get us to admit the alleged debt and enter into a new payment contract with them. To which we always answered with a Verification of Debt request.

I know someone here can explain in a little more detail what the Citation Petition is and how it is even legal. It is basically another request to verify our responsibility in the debt and to give them all the info they need to prosecute us! But this time it is legal? We have 15 days to either hang ourselves or argue, a lose-lose senario.

Be advised that we are involved with DRSM in the matter and they will be helping us in this response but with the wealth of knowledge on this site, I welcome anyone's comments.

Thanks,
Logan

seeker · #2 06-09-2005, 02:54 PM

"I STILL do not wish to contract with you!!"

We got one AFTER the judgment and they cleaned out our bank accounts -- this is one area where we have to figure out how to hold them accountable to the law -- to MAKE them Validate the Debt -- show they ARE not a debt collector and that the DO have a valid claim -- none of which they will do, none of which the 'blakc robed cutie' will require them to do -- they will produce poor copies of statements and say, "see, this is a valid account." -- even though you say, "show me where I agreed to any contract. Show me where you were honest. show me the CONTRACT!"

I know there is a way, but I failed here by inactivity -- so let's put the collective super brain on SJ to work on this stuff -- after all, how many people out there have credit cards?!!?

Seeker

Logan · #3 06-10-2005, 07:39 AM

Thanks Seeker,

I want to add that this is somehow a local statutory action which requires my wife to attend a hearing in our local courthouse. This is what I do not understand. What process did the Bukati lawfirm use to subpoena a personal appearance? We have months of proof showing that the C.C. company and the law firm have never once answered our requests in any lawful manner! The Law firm even had the gall to send us a V.O.D. which in their eyes was all they needed to show us and again requested we begin a payment plan with THEM. The huge humor in this attempt was the fact that they only sent us a poorly copied monthly statement from the card as their V.O.D.! How stupid do they think we are!?
After 6 months of asking for verification of the debt or even to validate the dispute, they give us a monthly statement and say, "here is proof you owe use money". Because the paper says so.

Did the firm somehow use this same weak approach at accusation to convince a judge to subpeona my wifes appearance? Are they trying to get us to argue in open forum/admit that we applied for and signed for this card?

If this is their strategy, then how did they get a court subpeona?

KITCHIE · #4 06-10-2005, 12:37 PM

Hey!!

Is there a affidavit that verifies that Edward Bukati is actually representing Citi? Get a copy of your cr and see if Citi charged off; and see who has since purchased the "debt". Go to the court and get a certified copy of everything in the file. Now for the real fun... If all of your research shows charge off, no one has purchased it etc, then you have them BIG TIME for FDPCA violations and you can just rebut everything in the petition Citation do a counter claim and file a motion to dismiss. That's how I kept the RODEO that a debt collector attorney wanted to take from me via an Order to Show Cause.

Kitchie

Logan · #5 06-11-2005, 08:37 AM

Hey KITCHIE,

Thank you for your response. I have not checked the credit report yet, but upon viewing the document further, the petition/summons/suit is from CITIBANK SOUTH DAKOTA NA Vs MY WIFE.

It states: You are hereby summoned to comply with the demand contained in the petition of which a true and correct copy (exclusive of exhibits) accompanies this citation, or make an appearance, either by filing a pleading or otherwise, the 21st Judicial District Court in and for the Parish of Livingston, State of Louisiana, within FIFTEEN (15) days after the service hereof, under penalty of default.

That is just the first page.

The second page consists of a Petition or reason for filing. Its states all the so called reasons why Edward Bukaty is seeking judgement. (the card is past due, the card holder refused to pay, yada yada yada, etc).

The third page is the one that floors me. It in a "Request For Admissions Of Fact".

Now this is a request for my wife to admit that:
#1: she knowingly entered into the contract with citibank.
#2: she currently has a delinquent c.c. debt in the full amount.
#3: she knowingly failed to make payments since receiving the Notice of Demand pursuant to La RS 9:2781.
#4: she must admit that she is not a current member of the UNITED STATES ARMED FORCES or any of its allies.

We apparently have 15 days to rebute this Petition or enter into default for non-response which will validate the accusers claims and, of course, they do not make ONE mention of the countless letters we have been writing concerning the VOD and the validity of the dispute we are in!

So again, I think I understand a little better what is going on. Citibank refuses to acknowledge the dispute we are in, they will not verify the alleged debt and now have retained the services of a collection thug to submit some very intimidating paperwork to the Clerk of Court in an attempt to scare us into repayment.

I really wonder why citibank has chosen this method with just this one card. I am disputing 6, including a Sears/citibank card in my name.

Logan

Logan · #6 06-11-2005, 08:52 AM

Oh, I forgot to mention that DRSM has somehow dropped the ball on their end. They are telling us we need to find a contingency lawyer ourselves and fast!

They did provide some possible contacts but I was under the impression that for all the money we paid them, that they would provide more than that.

also:

KITCHIE, do you have a sample counter claim document or any other paperwork you used in your case? That would be helpful. Thanks.

Logan

seeker · #7 06-11-2005, 10:17 AM

Citibank did the same to us -- some things I wish I had know and done: (just my opinion)

1. Check CRA and see if Citi is still listed with an outstanding balance or charge off
2. If they are charged off- have they received and credits or compensation for that alleged account
3. And this is the one we tried to find, but did not -- IS THE LAWYER REALLY REPRESENTING CITI OR DID THEY PURCHASE THE DEBT??? Do they have proof?
4. Is the account in your name or in both names? (Johnson v MBNA)
5. We asked in our discovery for them to supply WHEN the card was issued, WHAT the details of the account establishment, WHERE did they mail it and to WHERE? Because their "facts" stated that they "simultaneously mailed the card and the account info" that they "agreed to issue card # (when is the last time they gave you an Acct # before you had the card??)

So many things that they put out that is so vague and stupid, but they will not answer the questions and the black robed bandit will join in because "you used the card" -- PROVE IT! in all this press regarding the security in the CCC -- (see thread re : Another Mistake) how can they make a blanket statement about your responsibility if they cannot or will not produce any FRCP 1003 evidence??

Just my experience, learn from it!

Listen to Kitchie. She has a LOT of experience here and Success!

Seeker

Logan · #8 06-11-2005, 11:59 AM

Quote:

(see thread re : Another Mistake)

Hey seeker,

I did a search for this thread but did not see it. Would you give me the link?

Thanks,
Logan

KITCHIE · #9 06-12-2005, 09:47 AM

Hey There!!

They are trying to build a record for a summary judgement. They have to answer any requests for documents and admissions just like they are doing to you. You should do a Request for admissions in your response to them. Where is competant fact witmness, bookkeeper assets of their own they loaned etc. I am doing that to HOUSEHOLD E mail me and I'll provide you with the court stuff I filed.

Kitchie

seeker · #10 06-12-2005, 10:19 AM

http://forum.suijuris.net/showthread.php?t=2925

I agree with Kitchie -- Make sure you throw all kinds of questions at them, in specific Negative averment. As Winston says, set them up to fail.

Although in our case, they ignored and then went before the court and said they had not recieved it even though the court had a copy in front of them and THEN the attorney made reference to something WITHIN the doc -- when challenged, the judge just 'overlooked'. Corruption alive and well in the Illinois state.

Seeker