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    Advice on Citation from Chase

    Coworker got a citation served to her last night. She can't afford to file right now and being a single mom can't afford a garnishment either. Can you experts read this and tell her what to do? I can't give any accurate advice because we filed before any cc sued so I have no experience with this. Sorry it is so long, but I wanted to give all the information available.

    CITATION
    YOU HAVE BEEN SUED!

    Attached to this citation is a certified copy of a petition. The petition tells you what you are being sued for. You must EITHER do what the petition asks OR within 10 days after you have received these documents, you must file an answer or other pleadings in the office of the clerk of this court. If you do not do what the petition asks, or if you do not file an answer or legal pleadin within ten days a judgment may be entered against you without further notice.

    Second page
    PETITION FOR SUMS DUE WITH INCORPORATED DISCOVERY
    THE PETITION of dirtbag debt buyers, LLC, appearing through counsel undersigned hereto with respect represents:
    1. Defendent herein, Single Mom, a person of the full age of majority and a resident of the State of Lousiana.

    2. Defendant is currently indebted unto plaintiff in the amount of 2207.27 which consists of the amount of 2018.17 (the balance due at the time the indebtedness was purchased by plaintiff), plus interest from date of purchase of 189.10 to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to the present. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding.

    3. Defendant was issued a credit card by CHASE BANK USA NA herinafter referred to as "original creditor".

    4. By issuing a credit card to Defendant, original creditor agreed to permit defendant or defendant's designee to make purchases on credit or obtain cash advances by using the credit card, to be repaid in installments.

    5. Defendant and/or other persons used the card and, thus, obtained money from original creditor.

    6. Defendant's or Defendant's designee's use of the credit card established an agreement to the terms of the credit card.

    7. The account at issue bears contractual interest and plaintiff is entitled to collect interest at a rate of 18.000 percent. Said interest will continue to accrue at that rate until paid.

    8. The indebtedness was purchased for valuable consideration by dirtbag debt buyers, LLC.

    9. The current amount due on said indebtedness, after credit for all payments has been given is 2207.27. Defendant has failed to pay this amount when due and/or disputes his or her indebtedness on this account.

    10. Additionally, SINGLE MOM is liable to plaintiff for reasonable attorney's fees.

    11. Attached hereto as Exhibit "A" are Interrogatories, Requests for Admissions, and Requests for Production of Documents which are incorporated into this Petition and are to be responded to within the delays allowed by the Louisiana Civil Code of Procedure.

    12. This is an attempt to collect a debt. Any information will be used for that purpose. The undersigned is a debt collector. It may be necessary to contact third parties for information regarding Defendant to collect his debt.

    WHEREFORE, plaintiff DIRTBAG DEBT BUYERS, LLC, prays that defendant, SINGLE MOM, be duly served and cited to appear and that, after due proceedings had, there be judgment herin in favor of plaintiff, DIRTBAG DEBT BUYERS, LLC, and against the Defendant, SINGLE MOM, in the full and true sum of 2207.27. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding and that an Order of this Court be issued allowing plaintiff's counsel to contact such third parties as may be necessary or advantageous to effectuate any post-judgment judicial remedy.

    Last Section:
    CITY COURT FOR THE CITY OF SINGLE MOM
    STATE OF LOUISIANA
    DIRTBAG DEBT BUYERS VERSUS SINGLE MOM

    REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS

    NOW COMES DIRTBAG DEBT BUYERS, LLC, who propounds the following Requests for Admissions, Interrogatories, and Requests for Production of Documents to Defendant, SINGLE MOM. This discovery must be responded to within the delays allowed by Louisiana law. Pursuant to La.C.C.P. Art 1467, the failure to respond to the following Requests for Admissions in the manner and within the delays allowed by that article will result under certain circumstances in your having admitted the facts referred to in these requests.

    REQUEST FOR ADMISSION NO. 1
    Please admit that you were the holder of a CHASE BANK USA NA credit card and that you are liable for the amounts due theron.

    REQUEST FOR ADMISSION NO. 2
    Please admit that the total of principal, interest, and late charges due on the credit card is 2207.27, and that you are liable as well for reasonable attorney's fees and all costs of this proceeding.

    REQUEST FOR ADMISSION NO. 3
    Please admit that DIRTBAG DEBT BUYERS, LLC is the sole and full owner of the account or accounts sued on herin.

    INTERROGATORY NO. 1
    If you deny Request for Admission No. 2 above, please state the amount you contend is due on said accuont.

    REQUEST FOR PRODUCTION NO. 1
    If you deny either Requests for Admissions 1 or 2 above, please produce at the office of the undersigned, within the delays provided by the Louisiana Code of Civil Procedure, the following documents:
    a) all documents reflecting billings from CHASE BANK USA NA for any credit card, line of credit or other installment obligations; and
    b) all documents including bank records, canceled checks, bank statements, etc., reflecting any payments made by you to CHASE BANK USA NA on said obligations.

    INTERROGATORY NO. 2
    Please state whether you disputed the billing statements from CHASE BANK USA NA in writing within sixty (60) days of your receipt of those statements.

    REQUEST FOR PRODUCTION NO. 2
    Please produce for inspection and copying, at the offices of the undersigned, within the delays allowed by the Louisiana Code of Civil Procedure, all documents or written materials in your possession relating to said dispute.

    This is an attempt to collect a debt. Any information obtained will be used for that purpose. The undersigned is a debt collector.

    Then it is signed by an attorney representing Dirtbag Debt Buyers.

    #2
    Oh man - State of LA - lawsuit and discovery on same page! Many will chime in here I'm sure...but - the question is, how much does she make? Is there any way she could be considered "judgment proof?" By what you say, likely not.

    On this one - REQUEST FOR ADMISSION NO. 2
    Please admit that the total of principal, interest, and late charges due on the credit card is 2207.27, and that you are liable as well for reasonable attorney's fees and all costs of this proceeding. - she could state that she disputes amount owing, and has no way without records from Chase knowing whether this is full and correct, and requests records accordingly from Chase.

    Then this - REQUEST FOR PRODUCTION NO. 1
    If you deny either Requests for Admissions 1 or 2 above, please produce at the office of the undersigned, within the delays provided by the Louisiana Code of Civil Procedure, the following documents:
    a) all documents reflecting billings from CHASE BANK USA NA for any credit card, line of credit or other installment obligations; and
    b) all documents including bank records, canceled checks, bank statements, etc., reflecting any payments made by you to CHASE BANK USA NA on said obligations. - nice Dirtbag Collection Agency tactic, when they know full well that they too are liable to produce the such - again, others will chime in, but I would state to them that you request original records - the same interrogatory - to prove that their claim is true and correct. Remember, ultimately, THEY still have to prove their case (which they can ultimately do) - this may serve to delay things.

    Is there NO way - NONE - even with a loan from a 401k or hardship withdrawal from 401k or something - get $$ for bk atty?

    Comment


      #3
      Thanks so much, IamOld for your quick response. She doesn't have any property, home, etc in her name. Only her car is in her name. She has about 50.00 in savings and nothing in checking. The worst thing they can do is garnish her wages. No way to get a loan, we don't have any alllowance to borrow from our retirement. If she were to answer as you say above, how does she do that? Does she respond to the clerk of court or to the dirtbags?

      Comment


        #4
        Originally posted by lookingforward View Post
        Thanks so much, IamOld for your quick response. She doesn't have any property, home, etc in her name. Only her car is in her name. She has about 50.00 in savings and nothing in checking. The worst thing they can do is garnish her wages. No way to get a loan, we don't have any alllowance to borrow from our retirement. If she were to answer as you say above, how does she do that? Does she respond to the clerk of court or to the dirtbags?
        Again I think others will chime in here, but I would first call the clerk of the court - they won't give you legal advice, but HOPEFULLY will help with procedural questions.

        The summons itself should have - I hope - directions in who to send the Answer to...and the clerk's office should be able to help.

        Depending on where she is in LA, is there a university law school nearby? If there is, call them and ask if they have a pro-bono (for free) legal clinic - often law schools do this with the students - if there is, hopefully they can help and/or legal aid...

        It looks like http://www.bkforum.com/wiki/Louisiana that her car will be fine - $7,500 exemption - so if her car is worth less than $7,500 they cannot take it, but LA garnishment is her gross wages minus (essentiallY) the minimum wage BUT it does say that judge can approve less for garnishment for low wage person...

        So in short, I would call the clerk of court and/or look on your local court's website and some will tell you exactly who to respond to... CERTIFIED RETURN RECEIPT MAIL!!!!!!!!!!!!!

        Comment


          #5
          The wage garnishment is stated as an exemption. She gets to keep 30 times the federal minimum hourly wage per week OR 75% of disposable income (after taxes, SSN, medicare, etc.), whichever is greater. As mentioned, a judge can increase the amount she is allowed to keep. Do you have a legal aid office that might help her out? If she is low income, then you might find some low-cost or pro-bono legal help.

          Comment


            #6
            I will pass this on to her. Yes, she is low income so maybe she can find some legal help. Thanks for your help!

            Comment


              #7
              It's too easy to send a person down the wrong path unless you really know about state law.
              A lawyer might fight this and win ( since it's a JDB ) but it would probably cost about as much as the suit is for.
              That's what they're counting on.
              So then it comes down to fighting them on the collections, which is again state specific but there are federal protections as tree said.
              She could look for some kind of legal aid lawyer, maybe Tulane law school has a clinic for the poor.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

              Comment


                #8
                Clearly a cheap attempt to scare your friend and shift their burden on her. No matter what happens make them prove their case. I love Request for Production # 1- they expect your friend to provide the information they need to prove their case. The way to beat that one is rather easy- just answer the request for admissions 1 and 2 as "Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment". With that answer you are not denying the claim but are not obligated to produce what they are requiring her to produce. It is their job to provide the proof necessary to win their case, not your friends. Make sure she files an answer that will buy her time if nothing else. Creditinfocenter.com has tons of info and samples on how to answer these JDB suits. (Disclaimer: This is simply my opinion, not legal advice.)
                Last edited by ByeByeCCs; 07-18-2011, 09:29 PM.

                Comment


                  #9
                  I agree with ByeByeCCs. The statements which the collection agency wishes to have the defendant admit to are the exact issues which the court is seeking to determine! And the documents which they wish to have her produce are the same exact documents which the plaintiff will need to prove their case! Tell your friend to respond as directed above--that she lacks the knowledge or information sufficient to form a belief on the truth of the statement. And with regard to the request for production--there is no legal basis for requiring her to keep such records, so she should respond that she no longer has any documents for this alleged account in her possession. If the account was sold to a junk debt buyer, most likely they don't have the documents either, so if your friend calls their bluff and fights back, they may give up!

                  Comment


                    #10
                    Oops, good catch BCOHEN, yes use the word statement vs averment.

                    Comment


                      #11
                      Lookingforward what did your friend decide to do and did she find the help she needed?

                      Comment


                        #12
                        She has found a nonprofit organization that will provide her a lawyer for free, in Lafayette, Louisiana, and will file bk for her for only the 299 filing fee. As an unbelievable update to this, let me show you what she got in the mail from the dirtbag debt buyers. Here it is in all its glory:

                        Dirtbag Debt Buyers, LLC
                        Versus
                        Single Mom

                        Filed:___________________________(yes, this is a blank line)

                        Deputy Clerk:______________________(another blank line)

                        CONSENT JUDGMENT

                        THIS MATTER comes before the Court on the Petition for Sums Due filed herein by DIRTBAG DEBT BUYERS, LLC,
                        and considering the law and the evidence and the consents of the parties undersigned hereto.
                        IT IS ORDERED that there be Judgment herein in favor of DIRTBAG DEBT BUYERS, LLC
                        and against SINGLE MOM in the full and true sum of $2018.17, plus interest in the
                        amount of $210.00 Dollars as of July 26, 2011 plus future interest at the contractual rate of 18.000%,
                        until paid, attorney's fees of 25% of the amount due and sought to be collected an dall costs of these proceedings.
                        IT IS FURTHER ORDERED that plaintiff's counsel may contact such third parties as may be necessary
                        or advantageous to effecuate any post-judment judicial remedy.

                        OUR TOWN, LOUISIANA, this ______________day of _____________________, 20__ (yes, these are actual blank lines on the paper)


                        __________________________________________________ __
                        DISTRICT JUDGE (yes, another blank line)

                        Respectfully submitted:

                        _____________________________ __________________________________
                        SINGLE MOM SCUMBAG ATTORNEY
                        HER ADDRESS (blank line again) A Professional Law Corporation
                        Attorney For: DIRTBAG DEBT BUYERS, LLC

                        So now they want her to ask for a judgment. Seriously?

                        Comment


                          #13
                          Sorry my lines didn't come out just right, there was a place on the bottom for her to sign on the left and then the attorny's place on the right, already signed by the attorney.

                          Comment


                            #14
                            LOL, I almost wish she was not declaring bankruptcy just so she could screw with these guys a while, make them really work the case, and then on the eve of judgment (if they can even get one) file.

                            Comment

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