Help Me Plz! Citibank is coming after my a*s

[ttchwrth]

I live in Colorado.

Hello all! Really enjoyed reading all your posts and hope i've learned a little bit along the way.

Why am I here?

Today I received a call from an lawyer (not a collection agency he says) over a Citibank Classic Visa CC debt about 10 years old. He informed me that his firm now has possession of the debt and intends on getting a judgement against me. He then plans on placing a lien on my house (buying - not owned yet). The amount of the debt he said is $1,900 and that I should pay it now. If not, it will become a $4,500 lien!

OK, from what i've been reading here, the SOL in Colorado is 3 years after either my last payment or when the debt went into default. They would have had to sue me prior to the 3 years. Not their outta luck?

If it went forward and they obtained a judgement for whatever reason. Could they place a lien on my own primary residence? Isn't your primary residence exempt?

Another thing of concern and that I haven't read much expaination about is Charged Off debts. Citibank Charged Off this debt a long time ago. I've never heard anything from them or any collection agency's.

The lawyer asked if I was working now, and I said I was disabled (physically) and that I'm surviving on $599 a month SSA & SSI. He wanted to know I've I could physically walk into the court room or was I going to send a representative. This makes me think that he is in fact going to file for a judgement and that I will in fact have to appear.

What to do?

Is the SOL thing a guaranteed out for me?

The 2nd thing I plan on doing is looking into getting a free lawyer/attorney or whatever. 1st was to research and post here.

Thanks all for any advice. Don't ya just love the web and it's resources?

 

[hanjenden]

If you are served a summons from this lawyer, your answer to the summons should state that the debt is beyond the SOL. Have you requested validation from the lawyer?

 

[Debt Guy]

This debt is clearly out of statute assuming your statement is correct.

However, just to be sure -- when you say the debt is 10 years old, the age has nothing to do with it. The question is when did you default on the debt. The statute of limitations runs from the date of default.

The balance of my comments assume the debt is SOL. If not, then different answers apply.

If you receive a summons, you should file a response and a motion to dismiss on the basis that the debt is time-barred. If you don't file this response, then the creditor will receive a default judgment and all those bad things you mentioned will happen.

If the attorney who called you is complying with the law, then you will receive a letter from him in the next couple of days. Write a "cease & desist" letter back to the attorney. You can find a sample of a cease & desist letter at www.creditinfocenter.com. You do not need a demand for validation.

If you don't get this letter, then next time the attorney calls, ask for his name and address. Then send the cease & desist letter.

This should pretty much solve your problem. Questions?

 

[ttchwrth]

Thanks for your comments