Kevin R. Tipple
August 23, 2011
D/B/A ALLEN L. ADKINS & ASSOCIATES
4010 82ND TREET
LUBBOCK, TEXAS 79423
DOCKET NUMBER: XXXXXXXXX
As you are aware, we have an upcoming hearing on September 13, 2011 at 10 AM regarding your lawsuit. This date was selected after you petitioned court for an extension so that you could commence settlement negotiations in the interests of justice. To date, I have received nothing from you since your petition was granted on May 10, 2011 except for your July notice to the court of the merger of CITIBANK (SOUTH DAKOTA) into CITIBANK, N.A.
Attached for your records is my letter of July 14, 2011 that acknowledged your merger filing with the court and reminded you of the facts of our situation. As previously noted, to date I have not received any response from you or your client to that letter. A situation made considerably worse the last several weeks due to my wife’s latest strokes and hospitalization at Baylor Regional Medical Center of Plano. She has suffered brain damage and will be unable to return to work anytime soon--if ever. I have also attached a copy of the first of what will be many billing statements regarding this matter from the hospital so that you can verify the information in your role as a debt collector.
You are again reminded that as your client, CITIBANK, and you are aware, I remain disabled with no job, no future prospect of employment due to my worsening health, no income, no insurance, and absolutely no assets. What little I do have is exempt from judgment under Texas law as I own no home, land, farm animals, property, etc. I have repeatedly documented to your client as well as my filing for Social Security disability and the receipt of food stamps as well as numerous other issues that would come out in court during a very public trial. The caseworkers in both cases noted that the fact that we are on food stamps and nearly homeless should have proven to you and your client that I have no resources.
Again, I would ask that you stop wasting the court’s valuable time and immediately withdraw your lawsuit. Not only did your client, CITIBANK, utterly fail to work with me in any way shape or form while also failing to mitigate any of their alleged losses as has been fully documented to you and the court, I simply can’t give you what I don’t have. Withdrawing your lawsuit would not only be a sign of your good faith, it would also serve the interests of justice. By withdrawing your lawsuit and returning the account to CITIBANK, it would allow me to negotiate directly with them if they were actually inclined to work with me this time.
As still the only creditor who has utterly refused to work with me in any way, shape or form despite the documentation of our desperate situation, if you intend to persist with the lawsuit, I would again request that you and/or your client, for the first time, make an actual counter offer and open your side of negotiations.
Kevin R. Tipple
CC: ALLEN L. ADKINS & ASSOCIATES
P.O. BOX 3340
LUBBOCK, TEXAS 79452
Judge W. M. “Mike” Yarbrough
P. O. BOX 1496
Frisco, Texas 75034