needhelpinNYC
New Member
My jurisdiction is: New York, NY
At the end of January 2009, I received a summons from the law firm of Peter T. Roach & Associates on behalf of Citibank. Two days beforehand, I had sent a request to PTR to validate a debt I had received communication from them about. The debt has been charged off by Citibank, so I was initially confused by the lawsuit on their behalf. Also, I called Citibank, and after being transferred a million times, got to their legal department and they didn't have any idea who PTR were.
I responded to the summons in person, added a counterclaim of several thousand dollars for various violations of the FDCPA and FCRA. The court date was set for the end of June.
In May, I received a notice from Foster & Garbus about the same account. They essentially wanted me to answer a bunch of questions, admit that I owed the entire debt to Citibank, etc. I responded with a request to validate the account; I did not mention that I was already being sued for the account, as there were two different account numbers on the notice from F&G and wanted them to make it clear what they wanted, what they were doing.
I went to court on the assigned date. Some attorney from F&G showed up saying that Citi had "reassigned" the case to F&G, offered a settlement, etc. I said I have no idea who you are, I have no paperwork from Citi, from PTR, or from you, I am not admitting to owing a dime, settling for anything until I see the documentation proving that I owe it, etc. He said OK, let's get a mutual continuance, which we did. New court date in November 2009.
Needless to say, I still have not received any documentation from either party to this day. I never received official notice from Citi or the court that F&G has taken over the case, (or did they just purchase the debt from PTR, etc.?) Also, I was never actually served; the summons was simply left with my doorman, so I'm wondering if all this is for nothing anyway. However, assuming that the doorman counts as a valid party to pass on the summons, I'm also assuming that any and all requests I made of PTR also apply to F&G, since it's all part of the same case? I tried to follow up (all in writing) multiple times w/PTR, and F&G just ignored me (he attorney who showed up at court said he'd be sending me all kinds of paperwork, etc.....still waiting for that).
So, I'd like to simply ask the judge to dismiss the case because nothing has been proven, no documentation has even been provided to me, etc. I'd like this horse off my back, and/or sue for the multiple violations of the federal credit collections and reporting acts. Is what I'd like to do viable/legal? Should I simply settle?
Thank you kindly.
At the end of January 2009, I received a summons from the law firm of Peter T. Roach & Associates on behalf of Citibank. Two days beforehand, I had sent a request to PTR to validate a debt I had received communication from them about. The debt has been charged off by Citibank, so I was initially confused by the lawsuit on their behalf. Also, I called Citibank, and after being transferred a million times, got to their legal department and they didn't have any idea who PTR were.
I responded to the summons in person, added a counterclaim of several thousand dollars for various violations of the FDCPA and FCRA. The court date was set for the end of June.
In May, I received a notice from Foster & Garbus about the same account. They essentially wanted me to answer a bunch of questions, admit that I owed the entire debt to Citibank, etc. I responded with a request to validate the account; I did not mention that I was already being sued for the account, as there were two different account numbers on the notice from F&G and wanted them to make it clear what they wanted, what they were doing.
I went to court on the assigned date. Some attorney from F&G showed up saying that Citi had "reassigned" the case to F&G, offered a settlement, etc. I said I have no idea who you are, I have no paperwork from Citi, from PTR, or from you, I am not admitting to owing a dime, settling for anything until I see the documentation proving that I owe it, etc. He said OK, let's get a mutual continuance, which we did. New court date in November 2009.
Needless to say, I still have not received any documentation from either party to this day. I never received official notice from Citi or the court that F&G has taken over the case, (or did they just purchase the debt from PTR, etc.?) Also, I was never actually served; the summons was simply left with my doorman, so I'm wondering if all this is for nothing anyway. However, assuming that the doorman counts as a valid party to pass on the summons, I'm also assuming that any and all requests I made of PTR also apply to F&G, since it's all part of the same case? I tried to follow up (all in writing) multiple times w/PTR, and F&G just ignored me (he attorney who showed up at court said he'd be sending me all kinds of paperwork, etc.....still waiting for that).
So, I'd like to simply ask the judge to dismiss the case because nothing has been proven, no documentation has even been provided to me, etc. I'd like this horse off my back, and/or sue for the multiple violations of the federal credit collections and reporting acts. Is what I'd like to do viable/legal? Should I simply settle?
Thank you kindly.
