Citibank lawsuit, Zakheim & Assoc/Attorney & Debt Collector

[shark66]

Regardless of what payment arrangement one makes after the judgment but prior to actual filing, the debt goes away in the BK. Period. Been there and done that.

There is no "re-affirming" of unsecured debt during the BK process. You can re-affirm the secured items.

Good luck.

[OHBOY]

Something I've wondered about the payment plans prior to or as a result of the trial -- I'd assume they are heavily in the plaintiff's favor, not the debtors for obvious reasons. But, do they make you sign something reaffirming the debt and therefore at least making it more challenging to discharge in any potential bk down the road?

I would THINK (tick...tick...lol) that with any payment plan like that ( for CC debt) it SHOULD be possible to discharge the debt in a later BK....regardless of whether it was incorporated before or after trial & judgement...that's what BK is all about. but.......I am no expert, and just assuming...

[CCsSuck]

Some cases (out of all I viewed) ended up with a payment plan, with a number of them defaulting and the cases being reopened after a period of time.

Something I've wondered about the payment plans prior to or as a result of the trial -- I'd assume they are heavily in the plaintiff's favor, not the debtors for obvious reasons. But, do they make you sign something reaffirming the debt and therefore at least making it more challenging to discharge in any potential bk down the road?

[OHBOY]

Allison B Moon was sort of a joke...she was a nonexistent person with either Midland or LVNV who was signing off on affidavits.

If you look up Delores Wageman, you will find she signed a ton of affidavits a year or two ago as either a litigation specialist for Citi or an account expert for Citi. Now she is notarizing them?

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I have a vague recollection of some stink, about a year ago, because affidavits were written in which credit card reps proclaimed that they had reviewed Defendant's account and has 'personal knowledge' of 'the facts stated'.... so what I stumbled upon at the courthouse must of been one of 'those affidavits'.....
Come to think about it, those cases that I looked at were started in 2009 ( though some are still open now...). Have not stumbled upon any cases in 2010 that showed the affidavits, but then again I didn't go through everyone.......

Just wonder how exactly Citbank words their affidavits nowadays, or if they are issuing any at all....?

[flyinbroke]

Allison B Moon was sort of a joke...she was a nonexistent person with either Midland or LVNV who was signing off on affidavits.

If you look up Delores Wageman, you will find she signed a ton of affidavits a year or two ago as either a litigation specialist for Citi or an account expert for Citi. Now she is notarizing them?

[OHBOY]

Interesting....DElores used to be the one signing affidavits as a Citi expert...now she is notarizing.

Allison B Moon ring a bell?

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No, don't have a clue.......just have a feeling you are pulling my leg ?

[flyinbroke]

Interesting....DElores used to be the one signing affidavits as a Citi expert...now she is notarizing.

Allison B Moon ring a bell?

[OHBOY]

Were any of the cases you've reviewed filed by attorneys or were they pro se's?
I would find something filed by an attorney and copy that. How did the cases you reviewed end up for the debtor?

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Were any of the cases you've reviewed filed by attorneys or were they pro se's?
I would find something filed by an attorney and copy that. How did the cases you reviewed end up for the debtor?

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MOST of the cases with answers were what you could call 'pro se'. Some/actually MOST answers were sad. Often just handwritten statements describing job loss, divorce, illness incl. cancer. Many of those, despite of obvious misery & financial distress still offered to make some minimal payments. Of course those were the cases that most likely went to DEFAULT JUDGEMENT or eventually a 'Suggestion of Bankruptcy' was noted....no mercy for the vurnable & desperate.......

There were a couple of 'pro se'ers' that formulated answers & defenses and on the bottom of the pages it stated: "Prepared with assistance of counsel from Community Legal Services of Mid Florida, Inc.".

Those cases seemed to buy more time, with one case having done the job well enough job that the Plaintiff had to submit a lenghty 'AMENDED COMPLAINT' (Problem with that was that I would not be able to use most of the answers given in that case.

Some cases (out of all I viewed) ended up with a payment plan, with a number of them defaulting and the cases being reopened after a period of time.

Ran into just one case (also Zakheim) were Defendant had an attorney (hallalujah), and I will be using a number of their answers.

I am trying to set it up so that I don't have to repeat spending all of this time on the next lawsuit....(there could be 11 more coming in anytime.....outch), and that I could 'whip out' an answer, but in order to do so I would like to at least learn to understand (feel at ease) with what the heck I am 'spewing out'.
At $ 1 a page getting a copy per page from the courthouse can be expensive, but, I view it as a positive process..... I feel as though I am paying to go to class in order to learn.....lol

[OHBOY]

They are the lawyer suing on behalf of Citi. SO no, Citi does not have to be on there since they hired the law firm to do it.

Yes, Citi is pulling the strings here. The CA law firm will not be filing suit without their okay.

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'flyinbroke':
Yes, you are right. I am learning as I go along.
Have gone back to the courthouse this afternoon (becoming a 'regular' there...) and I stumbled across some 'PROOF OF CLAIM AFFIDAVIT (s) that were filed prior to Plaintiff getting a judgement via Zakheim. Those forms are in itself kinda funny to read...
i.e.: ' where 'Mary E Crum' was stating that she is the 'Custodian of Records for Citibank, That she has reviewed Defendant's account and has personal knowledge (ha,ha) of the facts stated below. Thereafter listing the account number, and stating the default and amount owed....

What I find especially interesting was the fact that the whole thing is notarized, giving date , and stating that 'Mary E Crum is 'personally known to me, or who did produce (LEFT BLANK)........... as indentification and who did take an oath'. Notarized in Missouri...
Yah...right, the Notary (Delores Wageman) knows 'Mary E Cum' personally and does not have to see indentification....

Have to go back one more time to courthouse (Tuesday) as 2 of the files I REALLY wanted to see were up in judges chambers (both from 2009....good, I like to see cases that have s-t-r-e-t-c-h-e-d out)... Hope that I can thereafter formulate & file an answer & defense....

[catleg]

Were any of the cases you've reviewed filed by attorneys or were they pro se's?
I would find something filed by an attorney and copy that. How did the cases you reviewed end up for the debtor?

[flyinbroke]

They are the lawyer suing on behalf of Citi. SO no, Citi does not have to be on there since they hired the law firm to do it.

Yes, Citi is pulling the strings here. The CA law firm will not be filing suit without their okay.

[frogger]

Freddy03:
"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."

That's the Mini-Miranda. Everyone involved in debt collections (except first party) should be using this or some version of it.

[OHBOY]

Regardless of whether or not they are a legal firm, they are still third party to the debt in most states; hence, the note at the bottom of thier summons/letter.

Ok.....please forgive me, this is pretty much all greek to me... what significance does it have that they are a 3rd party ? Do they (Zakheim) have to prove that they have an agreement with Citibank that allows them to be the legal representative ? Should there be some sort of signature by the Plaintiff (Citibank)?........Sorry, have never encountered a law suit before....
THANKS for your input !

[treehugger1]

Regardless of whether or not they are a legal firm, they are still third party to the debt in most states; hence, the note at the bottom of thier summons/letter.

[OHBOY]

Freddy03:
Thanks for letting me know about your experience pertaining to a time table.

Along with being dumbfounded as to how to come up with some sort of 'intelligent' Answer & Defense, I am stumbling big time over this sentence on the bottom of complaint: "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."
Makes me wonder if Citibank even knows anything about 'them'/Zakheim filing this lawsuit ??? Would Citibank not have to sign this somewheres ? ..or would 'somebody' (Plaintiff or Attorney) not at least have to furnish some sort of statement that shows that Zakheim is indeed hired by Citibank to initiate this lawsuit ?