Hearing for Judgment - Citibank Represented by Barnhardt and Strauser

[Anonymous]

Hello All:

Citibank hired a Charlotte based law firm, Barnhardt and Strauser, to represent them for a Home Depot CC. 

Approximately two tears ago I requested debt validation from the firm but got no reply.  I thought it was a dead deal. 

I received a letter in the mail approximately one month ago regarding disposition of old cases however I did not make the court date.  I know at this point that not going was a mistake on my part.

I just received documentation that a hearing for judgment has been set for Friday, December 21st.  Can anyone offer me any advise as to how I should handle this?    

Thank you, in advance, for your support and assistance.  

[p-]

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@Anonymous wrote:

Hello All:

Citibank hired a Charlotte based law firm, Barnhardt and Strauser, to represent them for a Home Depot CC. 

Approximately two tears ago I requested debt validation from the firm but got no reply.  I thought it was a dead deal. 

I received a letter in the mail approximately one month ago regarding disposition of old cases however I did not make the court date.  I know at this point that not going was a mistake on my part.

I just received documentation that a hearing for judgment has been set for Friday, December 21st.  Can anyone offer me any advise as to how I should handle this?    

Thank you, in advance, for your support and assistance.  

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Depends on the amount.  If it's small, contact them for a settlement ASAP.  Otherwise, get a lawyer.

If you can't do either of those, show up and expect to get screwed.  

Best case is a settlement or payment arrangement.  If you need more time, talk to the court clerk about procedure for postponing.

[RobertEG]

First and foremost..

In the court summons to appear, what was asked of you prior to the hearing? 

If they asked for a response to the plaintiff's filing, you need to respond.

Requests directed to an OC for verification are not provided for under either the FCRA of FDCPA, but may have been pursued via other means, such as the FCBA.

How, in the hearing, do you plan to address the issue of their failure to have provided "verification?" 

Additionally, numerous items, such as a possible SOL defense, should be considered. 

I would not show up without legal representation. 

Perhaps you can consult an atty and file for an extension based on time needed for new counsel to prepare the case?

You can, of course, make efforts to settle prior to the hearing, but make sure, in the interim, to provide any info asked of the court within the prescribed periods, as you cannot rely upon a pre-trial settlement occuring in the next few days.......

[webhopper]

I would contact your county legal aid / civil rights organization and ask for Help!!! These tactics can be considered harassment and cruel and unusual punishment. A good attorney could easily countersue with what you've indicated here.