ANOTHER Update on ALLEN ADKINS & ASSOCIATES/CITIBANK lawsuit

My life continues to be a really bad country western song. Or a really good one depending on your perspective. My right eye is still infected though I think it is slowly getting better. My car is still dead out in the parking lot. Sandi saw the cardiologist and the news was mixed with some tests planned in about a week and half.

It is Saturday and that normally seems to mean around here bad news via the mail. It was on a Saturday back in January when I got served by a process server on behalf of ALLEN ADKINS & ASSOCIATES, a debt collector. Suddenly, after telling me one thing for four months plus, they had the Court far different things including the new fact that they had been retained by CITIBANK to sue me. Not having been sued by anyone before for anything, their need to drag the court into what I was trying to work out directly with CITIBANK,  kind of messed up the whole weekend. Other bad things by mail have happened on Saturdays these last few months so these days I am not a big fan of mail on Saturday. But, today was/is different.

Today, I have received notification from the Court that my "Motion for Continuance" filed by mail on September 2, 2011 had been granted by the court as of yesterday. This means I don't have to limp into court dragging my cane, my left foot, and my documents next Tuesday. Needless to say, I am thrilled that my motion was granted.

With everything going on with Sandi and my own health stuff as well as everything else here, I certainly didn't need the stress of being in court. Especially since ALLEN ADKINS & ASSOCIATES as well as CITIBANK know and are fully aware we having nothing to sue for and have again filed for food stamps and medicaid since our four month period of eligibility expired September 1. This means we probably won't receive any food stamps until early October due to how slow they process cases here and the need to be interviewed yet again and provide still more supporting documents.

According to the court order, no new trial date has been set by the Court at this time. Hopefully we can get this settled before that next trial date--- whenever it is set. 

I certainly still would like to have it settled long before then. I have made repeated attempts to work something out privately, first with CITIBANK since April 2010 when I went out on unpaid Medical leave, and then this crowd since they first contacted me last fall. After they filed for 120 day extension to back in May to negotiate a settlement (which as I noted here at the time I was thrilled about) I actually received their first settlement offer, dated August 31, 2011, two days ago. Considering I had already filed my own "Motion for Continuance" and we had a trial date of September 13, 2011 if my motion wasn't granted, it seemed super late on their part to finally make that first offer. Maybe all these types of deal work that way....I don't know. They remain the only creditor that has refused to work with me and sued.

Something to think about. Not to mention the taxpayer bailout of CITIBANK, their own former VP who stole over 19 million from them--- allegedly, and the recent news about their being on the receiving end (along with numerous other banks) of a multi billion dollar plus lawsuit from the feds over their role in the mortgage mess. Not to mention other things connected with them in the news the last few years.

Unfortunately, the first and only offer to date from debt collector ALLEN ADKINS & ASSOCIATES wasn't going to work as with no income at all for either one of us there was no way I would sign anything with them agreeing to the monthly payment that was specified. So, by mail, I have answered their offer and made a counter offer of my own with copies of everything from both parties going to the Court to add to their multi-inch file.

I am still hoping that this matter can be settled before it gets to trial. Hopefully, the other side does too and will make the effort to work with me.

Kevin