Update on ALLEN ADKINS & ASSOCIATES/CITIBANK lawsuit

As I explained here back on January 16, 2011 I had been served on behalf of ALLEN ADKINS & ASSOCIATES representing CITIBANK in a lawsuit for $1701.71 plus court costs, etc. I noted at that time that I had (and still have) severe medical issues, no job, no income, had applied for food stamps, etc.  I noted that we had no money and had tried to work out a payment deal with CITIBANK. They had absolutely refused all efforts and ignored the documentation I had provided before turning it over to a collection agency based in Lubbock, d/b/a as ALLEN ADKINS & ASSOCIATES.

On Thursday, January 20, 2011 I blogged about how I had filed my twenty page plus answer to the court and all parties and detailed the true facts of the case using my extensive and detailed records.  I also pointed out to all parties that CITIBANK and their collection agency, ALLEN ADKINS & ASSOCIATES, were the only creditors that had refused to work with us.

I was notified by the Court in early April the trial was now scheduled before Judge W. M "Mike" Yarbrough’s Justice of the Peace Court Precinct 4 located in Frisco, Texas on Monday, May 16, 2011 at 9:30.  Once I was notified that we were going to trial on the issues, I had to comply with the voluminous information requests generated by ALLEN ADKINS & ASSOCIATES that were designed only to bury me and not generate any new information as they already had the items requested as did CITIBANK.  I was not happy about it but did so extensively with copies of everything to everyone including the Court.

Since that time, I also provided updated copies of our approval for food stamps and my status regarding my appeal of Social Security disability. I noted the fact that the caseworkers in both cases had remarked that the fact we were approved for food stamps should have made it clear to all involved that we had nothing of value.  I further noted again in several letters that I owned no home, no land, etc. and that what very little I had was exempt under Texas law.  I again and again requested that they stop wasting the court’s time, withdraw their lawsuit, and work with me.

Having received nothing from anyone besides the court in months, I was prepared to go to court Monday and further document the facts of the case and my situation at trial. I was not looking forward to it by any stretch of the imagination as just going to court was going to take a huge physical toll on me. With no insurance and no access to doctors, medicines, etc., I can’t document the fact that I am getting worse but those who see me know the truth. Having to go to court, cane and lots and lots of documents in hand, was going to be physically brutal. I was going to suffer something fierce for it. I was not looking forward to the mental strain either. As I had told my wife—my only goal was to not fall down in open court and break something.

With trial scheduled for Monday it seemed inevitable that ALLEN ADKINS & ASSOCIATES as well as CITIBANK were ignoring the reality of my situation. With my wife home again this week on unpaid medical leave and awaiting results of her x-rays and MRI (her doctor appointment is tomorrow) I was just hoping that I was not going to have to be in court while she was possibly in the hospital.

Thank god she has insurance through her employer.

Yesterday, I received in my regular mail (there is supposedly a certified letter copy that has not yet arrived) a copy of a continuance request dated May 6, 2011 that ALLEN ADKINS & ASSOCIATES had filed with the court. “In the interests of justice” they wanted 120 days to negotiate a settlement of their claim and needed time to contact me. I had to read it twice to understand they now wanted four more months to discuss things with me. Considering they had filed their unnecessary lawsuit four months ago almost to the day, it made me laugh that they had waited till now to want four more months so they could talk to me about settling.

Okay then.

Don’t get me wrong….I am VERY glad they came to their senses. THRILLED!! I just wish they had done things the right way months ago. I have never hidden the situation or tried to play them in some way. They knew months ago I had no job, no insurance, worsening health, etc., and things are way worse now than they were then. I said at the time when I filed my response to the court that I thought the only reason they were suing me was they were counting on getting an easy default judgment. They didn’t count on me filing a response with the court—let alone a fully detailed multi page response that included their own correspondence and numerous other written records.  Based on the merits of the case and the numerous issues I raised to the court, I don’t believe they can get a summary judgment which they are still threatening to file for should negotiations not work.

One never knows what a judge will do.

According to the court record on the website this morning, their request for a continuance has been granted.  We are now scheduled for trial on Tuesday, September 13, 2011 at 10 am.  I am absolutely thrilled their request for time has been granted.

I am very happy they want to reverse course and now suddenly want to negotiate. Hopefully they are serious and will actually work with me.

One hopes…….