Wow just change the creditor and this looks exactly like my summons.
From my research when someone is sued for Open Account and Account Stated thats their way of getting around producing a signed contract. All they have to do is prove you made payments on the account and that statements were mailed to the home address and they win (at least this was my outcome).
I would def answer the summons & request documents, then wait. They will try to call and settle with you before trial.
I was served in March didn't go to trial until August. So you have some time.
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Citibank lawsuit, Zakheim & Assoc/Attorney & Debt Collector
REALLY NEED INPUT & SUGGESTIONS ON HOW TO GIVE AFFIRMATIVE ANSWER & STATING DEFENSES.
Recieved Summons on a debt I have on a credit card account with Citibank. Have 20 days to answer (10 left..) and bring answer down to courthouse & mail copy to plaintiffs attorney. Summons IS recorded at courthouse...
As I consider myself collection proof initially I was not going to answer. However... I am now thinking that perhaps might get all of this over with by filing bk sometime after May, and it would be nice to at least stall this lawsuit.
I spent considerable time at the courthouse (2 days) looking up cases (where Zakheim is the attorney) to be able to formulate an AFFIRMATIVE DEFENSE, however though I ended up concentrating on 3 cases, I am still on the 'fence' and CONFUSED (!) as how to give an answer.
I AM ESPECIALLY TROUBLED BY THE FACT THAT ATTORNEY FOR PLAINTIFF IS STATING TO BE A DEBT COLLECTOR (last sentence on Complaint !)
The comparable Defense answers that were given by other Defendants included answers i.e.:
* 'Plaintiff Lacks Standing to Bring this Action',
* 'Failure to State a Cause of Action for Open Account',
* 'Failure to State a Cause of Action for Money Lent'
* 'Failure to State a Cause of Action for Account Stated',
* 'Plaintiff cannot File Actions in Florida without Posting a Bond',
* 'Plaintiff failed to comply with the notice requirement of the Fir Debt Collections
Practices Act, 15 U.S.C # 1692 et.seq. as amended'
Here is the Complaint (STANDARD for Zakheim)
__________________________________________________ ________________________
CITIBANK (SOUTH DAKOTA), N.A. name of court in Fl
(address given) Case number.....
Plaintiff,
vs.
My name and address
Defendant
COMPLAINT
The Plaintiff sues the Defendant and alleges:
COUNT I - OPEN ACCOUNT
1. This is an action for damages which exceed $5000 but do not exceed $15,000
2. The Defendant made purchase of various and diverse consumer goods and/ or elected cash advances through the use of his CIT MASTERCARD credit account obtained from the Plaintfiff on account number **********
3. Def has failed to pay the balance due on the account
4. Defendant owes the Plaintiff $****.** that is due with interest according to the attached account (Exhibit A).
WHEREFORE, Plaintiff demands judgement against the Defendant for damages $****.** and any further relief this court deems just and proper.
COUNT II- ACCOUNT STATED
5. Plaintiff repeats and relleges the allegations of paragraph 1 and 2 as if fully set forth herein.
6. Before the institution of this action Plaintiff and Defendant had buisness transactions between them on a CIT MASTERCARD credit account and they agreed to the resulting balance.
7. Plaintiff rendered a statement of account to Defendant and Defendant did not object to the statement.
8. Defendant(s) owe(s) the Plaintiff $****.** that is due with interest according to the attached account (exhibit A).
WHEREFORE, Plaintiff demands judgement against the Defendant(s) for damages of $****.** and any further relief this court deems just and proper.
Zakheim & Associates, PA
(address & phone #)
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
__________________________________________________ ________________________
ANY INPUT & SUGGESTIONS ON HOW YOU WOULD ANSWER THIS WOULD BE GREATLY APPRECIATED !!!!!!!!!!!!!!!!!!!!!!!
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