Monday, January 30, 2012

CASE DISMISSED!!!!! Update on the CITIBANK/ALLEN ADKINS & ASSOCIATES Lawsuit


Today was the hearing for the lawsuit brought by ALLEN ADKINS & ASSOCIATES on behalf of CITIBANK after they told me for months they were only a third party debt collector while telling the court they were retained counsel. That and other issues were going to be a part of my case today before the judge.


I arrived at 10:25 for our 11 AM hearing fully prepared with my four inches of records regarding the actions of both CITIBANK and ALLEN ADKINS & ASSOCIATES case and supporting paperwork. According to the electronic marquee outside his chambers that listed today’s court docket for Judge W. M. "Mike" Yarbrough of the Justice of the Peace we were still scheduled at 11 AM.  In fact, we were the first case of the day which explained why the court room was empty and closed as I was very early.


I checked in with the court clerk and was instructed to wait in the lobby area outside the courtroom. During the next thirty minutes, I visited with a number of people including a Game Warden I have known for nearly twenty years while we all waited for someone, anyone, representing ALLEN ADKINS & ASSOCIATES or CITIBANK to show up.


11 AM came and went and their people were STILL a no show.


Judge Yarbrough and I continued to wait and wait for the people who brought the lawsuit and promised to bring at least 11 witnesses against me today to show, as promised when they had filed, how ALLEN ADKINS & ASSOCIATES and CITIBANK had suffered “great economic harm and damage” because of me. This was the trial they had insisted upon having today despite knowing the great economic harm we have suffered here due to my loss of employment from PISD (who could not find another job for me anywhere in the district doing anything), Sandi’s probably terminal cancer, etc.


Finally, at 11:20 the court got tired of waiting for opposing counsel to show and the hearing began. I stood before the judge braced against the defense table and hoped like crazy I would not fall. Noting their lack of appearance on time as scheduled, Judge Yarbrough opened the trail by asking me if I knew of any reason why anyone for ALLEN ADKINS & ASSOCIATES or CITIBANK had failed to show. 


I did not.


I noted for the record that I had, in addition to the summons to them sent directly by the court back in November, provided to both parties my copy of the summons. Furthermore, while documenting circumstances and proving the appropriate proof, I had reminded them in every single letter the date and time of said hearing. The judge noted that as well as the fact I had kept the court and both sets of Plaintiffs clearly fully aware of our financial situation, Sandi’s health, etc. He further questioned me as to whether or not I had ever received ay responses to the communications I had sent, especially during the last three months. I explained that other than the filing with the court by them of the 11 expert witnesses list (all ALLEN ADKINS & ASSOCIATES paid employees) that arrived in November while Sandi was in the hospital, I had received nothing from them at all.


After several minutes of answering his questions it was clear that the Judge was annoyed and not at all with me. I pointed out again and again that I had fully documented the situation once I had been served. I reminded the court that clearly I had made all the efforts in the case in an attempt to not waste the court’s valuable time. That I had even had filed a motion two weeks ago to dismiss the case because there was nothing to adjudicate since the case had been settled as far as I was concerned back in September when I agreed to their one and only settlement offer of $900. I noted they had not responded to the court at all on the matter.


I furthermore pointed out that I had promised in my motion to dismiss that I would continue to make payments of $5.00 per month directly to CITIBANK until the sum and total of $900 was paid and would continue to honor that, with or without a court order today to do so, as I had promised under the settlement agreement. I pointed out to the court that the figure of $900 that I agreed to was what ALLEN ADKINS & ASSOCIATES had offered back in September and was approximately the amount I had owed before CITIBANK ceased to work with me in March 2010 and had returned my payments instructing me to no longer pay if I was not willing to pay the full amount each month regardless of my circumstances at that time.


I noted again that I had clearly agreed to their $900 figure back in September as the sum and total of the debt owed and had made my promised payments with no reply from them at all. I explained to the court that as far as I was concerned that meant they had agreed to said settlement and that no payments had been returned to me as of today before I left for court. I reminded the court that I had followed through on payments as promised and had provided proof to all parties on said payments.


By this point it was 11:30 and they STILL were a no show. No sign of any counsel OR any of their eleven witnesses.


The judge instructed me that he was dismissing the case due to their failure to show. When I asked, Judge Yarbrough stated they could appeal but would have to show good cause for their missing the hearing they were fully aware was scheduled today.


My sense of the hearing was that it was very clear he was very unhappy with their actions in the case to this point and was extremely unhappy with their failure to appear. Judges do not like it when you waste their time. It seemed pretty clear to me as he reviewed the extensive case file and asked if they had ever responded to the various materials I had sent them month after month for more than a year now (the answer was no each time), he was not happy at all. Couple that with their failure to show today and he was obviously not at all pleased.


With a final “good luck” to me, he said the case was dismissed and sent me on my way.


According to the online system this afternoon, Judge Yarbrough has signed the order dismissing the case. A copy of his order should soon be in the mail to all parties. Pending an attempt to appeal by them it is a done deal.


Now that Sandi and I have this weight off of our backs we can focus on her PET SCAN and lab work this Friday morning.


CASE DISMISSED!


Kevin

30 comments:

Unknown said...

This is excellent news, Kevin. Thanks for letting us know the whole story.

Kevin R. Tipple said...

Thanks, Bill. it is the best news I could have hoped to share other than them pulling their case last week.

Win, lose or draw, I tell all on everything. I see it as part of my duty when I am asking folks to save us and help keep a roof over on our heads and all the rest of it.


AND I DIDN'T FALL!! LOL

Barry Ergang said...

It's about time you caught a break--you're long overdue.

Mazel tov!

Randy Johnson said...

Some small break which helps with the overall picture. Hope this brings Sandi some relief from her major problems. As always, you guys remain in our thoughts.

Shalanna said...

Thanks be to God! It is a "yes" answer to prayer. Let's wait for more "Yes!" answers to the rest of our prayers!

God held you up and you DIDN'T FALL, in either sense!

thundercatsnyy said...

ツ♡♥ and we thank all support ...no fall is good too thanks everyone that was able to send money those who support thanks too hopefully God will help do his work now and we Move in to good times

Kevin R. Tipple said...

Thanks, Barry!

Kevin R. Tipple said...

It certainly did not hurt, Randy. She had fear that they would get the bank account today, I would be arrested, etc. None of that happened either and that was also a good thing.

Kevin R. Tipple said...

Thanks, Shalana.

I almost went down in the parking lot as well as in the court room at the little door deal between the tables and the visitor seating. While waiting out in the lobby, the bailiff had commented they had been watching me in the parking lot on the cameras and it was very clear I was very unstable on my feet. So, he stayed close when I was in the court until I got braced against the defense table.

Kevin R. Tipple said...

Very correct, Karl. We thank everyone for their love and support.

Terrie Farley Moran said...

Wonderful news!

lil Gluckstern said...

I am so glad for you. One weight off your shoulders. What I think of the other guys is unprintable!

Kevin R. Tipple said...

Thank you, Terrie. That it is!

Kevin R. Tipple said...

My sentiments exactly, Lil!lol

Lisa Harkrader said...

Hooray! One piece of good news, and one worry off your mind.

Kevin R. Tipple said...

Thanks, Lisa. One hopes it really is over.

Kate Thornton said...

I am so happy for you! This is great news - here's hoping for more good news!
Best regards,
Kate

Jenny Milchman said...

Oh, fantastic!! I love it when justice prevails. What cowards--bringing the weight of a mega corporation down on one family hard on their luck...then not even having the guts to carry through.

Onward, Kevin, to you & Sandi!

Kevin R. Tipple said...

Thank you, Kate. Hopefully the momentum swing is now going to go the other way for awhile.

Kevin R. Tipple said...

Thanks, Kate.

I just hope it really truly is over.

Susan said...

Just read this, Kevin and couldn't be happier. How dreadful that you should have to undergo such an ongoing and totally pointless ordeal for so long and how wonderful that it is finally settled. I guess those (colorful language deleted) people from AA&A and Citibank finally realized they could only come up losing.

God bless you and Sandi and the boys - you have withstood unbelievable ordeals. May you have smooth sailing from now on. My prayers for both you and Sandi.

Lori Safranek said...

Congratulations, Kevin and family. My only disappointment is in the greed of a huge corporation that choses to persecute and harass someone who owes a mere $900 and is so very obviously unable to pay. Ridiculous. May this be the first step on the road to happiness and security, Kevin!

Kevin R. Tipple said...

Thank you, Susan. Hopefully it truly is over and a sign of better days.

Kevin R. Tipple said...

Thank you, SW. It was 1700 after CITIBANK refused to take any payment for 6 months and churned it with fees. Allen Adkins & Associates made one settlement offer to lower it to 900---back to what I actually owed---and I accepted their offer.

Hopefully they will go after their own former VP who stole 19 million internally from CITIBANK with the same zeal they went after me. They have yet to sue him or work out their own fraud case with the SEC.

Barbara D'Amato said...

That's wonderful.

Kevin R. Tipple said...

That it is, Barbara.

stevefah said...

Let's hope the SOBs don't bother to file an appeal, but even if they do I think the court won't back them. Good luck, Kevin. And I applaud your sending them $5/mo--shows you have high moral fibre even if you have no money!
Now let's hope Karl has good luck against Kroger, too.
And again, our best wishes to Sandi.

Kevin R. Tipple said...

This was back at the start of the eyar so the time for them to pay the money and appeal has expired. I am paying them teh exact same amount I offered to pay--despite our situation--way back before they filed teh lawsuit. Citibank refused it.

When I accepted the settlement offer with Allen Adkins and Associates it was for almost the exact amount owed when Citibank stopped accepting payments. I agreed to it and stipulated $5.00 per month as the payment I would make. I also started making payments several months before the case was heard in court.

I think the judge clearly understood who the responsible party was in the matter.

KROGER has still not done the right thing by Karl. While transferring and demoting the former store manager in an obvious admission of wrongdoing and one of several made lately--they also switched lawyers and are now using the law firm of COZEN O'CONNOR on Main Street in Downtown Dallas.

Ydnar67 said...

I have a hearing with Judge Yarbrough this afternoon on a matter very similar. I'm hoping for the same result. My stack of papers is only 3" thick though. Going with lack of standing and foundation.

Kevin R. Tipple said...

Good luck! CITIBANK has ignored teh fact taht we setteled teh case and I am making the agreed upon payments. About two months ago they hired CAPITAL MANAGEMENT SERVICES, LP in an attempt to start everything over. For now, I am just replying with a form letter that explaining I am in compliance with the settlement and the name and address of ALLEN ADKINS & ASSOCIATES who represented to the court they represented CITIBANK fully and the address of the judge and court. So far, CAPITAL MANAGEMENT SERVICES, LP out of NEW YORK has failed to comply with federal or state law.