Offering Lang Richert and Patch a Payment Plan on Old Citibank Credit Card with Unifund CCR
I am in California and was making monthly payments toward a credit card from Citibank until I lost my job and was no longer able to. My last payment was made about 2 years ago. Unfortunately, I'm still unemployed and I owe Citibank $17,000. They sent my acct to creditors whose calls & letters I was ignoring, and week 2 weeks ago I received a letter from the law office of Lang, Richert & Patch in Fresno. I have been 30 days to respond. How should I proceed? I can only come up, at this time with maybe $1000 but I could start making small payments (say, $150/month) until I start working again. Once working, I could make bigger payments. Should I contact them and offer this? I want his gone as much as they want there money. Now that it's in the hands of a law office, is it to late to offer payments? I can't have this turn into a lawsuit and have ny account frozen...it would really screw things up for me, and as it is I'm just barely hanging on.
Your advice is greatly appreciated and thank you so much for running this website!
~Lorraine
Should I contact the law office and offer some money up front ($1000) and see if they make payment arrangements? And if not, how should I proceed so that this doesn't end up becoming a court scenario with my bank acct frozen?tiodj
—Lorraine
Getting a letter from Lang Richert and Patch, attorney’s attempting to collect a debt, is a fairly clear signal that your risk of being sued for the old Citibank credit card have increased dramatically.
Setting up payment arrangements with Lang Richert and Patch.
Before looking at your options to set up some form of monthly payment agreement with Lang Richert and Patch, can you tell me who they represent with their collection effort? Look on the letter you received from them. While it may say the debt is related to your Citibank account, I suspect after 2 years of not paying Citi, the debt has been sold by Citibank to a debt buyer. If I am correct, the name of the debt buyer should appear on the letter.
Who the law firm is collecting for could impact the direction you choose to take to resolve the account.
The letter Lang Richert and Patch sent provides you an opportunity to contact them and make payment arrangements. If you want to go that direction, the 1k upfront is a good way to be taken seriously. But the 150.00 a month after that may not be enough to prevent them from filing a lawsuit in order to guarantee payments each month, or as a means to try to collect more than 150.00.
I know…. It does not make sense to you or I for them to spend money and time on a lawsuit against someone who is unemployed and not able to come up with much more than 150 dollars a month. But that is how debt collectors roll a lot of the time – without sense – but with an eye on the cents….
When you cannot fund a lump sum settlement offer for your Citibank account.
If debt buyers were a bit less zealous, and if debt collection attorneys were not all about earning fees, I would be happy to have different feedback than follows:
Because I can predict with pretty good odds that Lang, Richert and Patch will be more than happy to accept your 1k down payment, followed by either suing you anyway, or asking you to sign a consent to judgment in short order, I suggest:
- Holding on to your money for right now.
- If the Lang law firm is working for a debt buyer – use your available money to hire an experienced debt collection defense attorney to defend a case if you are sued.
If you were in a position to come up with say 30 to 50% of the 17k balance in order to negotiate a settlement with Lang Richert and Patch, I would have different feedback than numbers one and two. If you think coming up with additional resources to settle this old Citi account is an option, let me know that when posting a comment reply answering my other questions. I will have more feedback related to settling with them.
For now, I would highly recommend connecting with an experienced collection defense attorney in California. I can email you contact information for the type of attorney you will want to consult with. These types of attorneys generally offer a free consult. Getting input like this will help guide you on your next move.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I forgot to mention that I legally changed my name in 2007 after getting my US citizenship but the party being sued is under my previous name, which I thought was odd. Would this affect anything in anyway? Thanks again Michael.
The name issue is not likely to be what Adam uses as a strategy to get this unwound.
That’s what I figured, just thought I would ask. Once again thanks for the quick response and your help!
Hi Michael, I just received an Earnings Withholding Order from the court garnishing about 25% of each paycheck starting my next paycheck. I was sued by Lang, Richert, and Patch representing Unifund CCR, LLC for an amount of around 15k, 40-50% more than what I initially owed. It was an old Citibank account, last payment around late 2008. I was laid off so I stopped making payments. Judgement was entered in the court date 10/1/13, after the 4 years statute of limitation in CA. The most bizarre thing is that I just received the court order last week via mail from my employer. I had no prior notice or idea that this was going to happen!! I believe all the notices and mails were sent to my previous residence. What are my best options right now? I can’t afford my monthly living expenses after the garnishing. Do you have any attorney referrals in the Riverside County in CA? The court order was from Riverside County. Any help would be greatly appreciated! I feel so lost right now!! Thank you Michael.
I will email you an attorney with the experience you need who can help you look into unwinding this.
I just got the email. Thank you for the quick response and referral! I will contact him soon. Much appreciated.
Greetings Michael,
I am in need of some assistance as I have a judgment on my credit report that I had very little information on.
Can you please recommend a good attorney to help mitigate this issue?
Thank you.
regards,
Henry
Where are you located?
I live in Bellflower, CA 90706 but reside in Agoura Hills for work.
I sent you an email with contact details to a firm with the experience you need.Call them on Monday and see what they say. It would be great if you posted an update with how you progress with this.
Hi Michael,
Most of these posts are relative to my situation except it’s with CHASE Manhattan Bank that I stopped paying in 2004 due to not being able to afford my payments. I tried to negotiate a payment plan at the time with Chase, but they did not give me any options except to make my payment. It was around $4000 at the time and now, 10 years later it is $9400. I received a letter from another law firm Re: Unifund CCR Partners. The letter states that this communication is from a debt collector in attempt to collect any debt owed from me the entire amount owed on a judgement entered against me. I am given 30 days to dispute the validity of the above referenced debt or any portion of it.
I am not sure what the best approach for this situation to continue. I thought that there was a statue of limitations. I tried to settle a few years ago with $2500, but they told me it was not enough. I am now a student with low income and am not sure where to go from here. Thank you for your help.
Does Unifund have a judgment against you? It was not clear from your comment.
yes, they do. I wasn’t aware of it, but it’s on my credit report.
Because you were not aware of the lawsuit until after the judgment was entered (finding it later on your credit reports), I would first look into options for challenging that.
There is a history of lawsuits being served to the wrong people, at the wrong address, in the wrong county, and even state. There are instances where something like this can be unwound, and the process can often make the most unreasonable debt collector, which I consider Unifund to be, more willing to resolve a debt.
Next stop is consulting with an experienced debt collection defense attorney in your state. Most offer a no cost initial consult. Post the name of a nearby larger city and I will email any in the area I know of.
Thanks for your advice, I appreciate it. I’m in California 90631 zip code. I don’t ever recall being served in person. I just received letters to call their offices to work on a payment plan or pay an amount to settle with.
If you do go to court and they submit a declaration from a rep at Unifund make sure you try to serve them in person because the address for service at 8581 Santa Monica Blvd is a UPS store . In Orange County the Judges have been dismissing the case if you have a declaration from a process server stating it is a UPS store and they did not know Doug Hallock. They will not give you a physical address of their place of business even if you call them. They have a couple of different addresses they give for service but most are UPS stores and you should be able to look it up online fairly easily. As always you should consult with a licensed attorney. I hope this cost them a few dollars.
Regards
Hi Michael,
In 2008 I made an agreement with Kenosian and Miele on behalf of Unifund for US Bank. This went thru the court and I agreed to pay $10,000 at $150.00 per month. I paid in full last year and I have now received a Memorandum of Costs after Judgment, acknowledgment of credit and declaration of accrued interest. I received one of these in December of 2013 and filed it away thinking it was a final paper for the debt, and then I have received a 2nd one that references issuing writ of execution and Levy officers fees.
The original debt with interest was about 14K and I settled with 10K. It looks like they are trying to get me to pay the whole debt again. I called Kenosian and left a message after visiting the court this morning.
Please advise …
I would highly recommend consulting with an experienced debt collection defense attorney in your state. Most offer a free initial consult, and that should help you get your bearings straight on what to do next.
What is the name of a nearby larger city? I can email you contact details for an attorney to speak with.
Hello Michael, I’ve read through your response and I appreciate the advice that you’ve given to everyone. I’m hoping to get pointed in the right direction. I am in a similar situation. I’m located in San Diego and the court as reach a default judgement back in June 2014.
Plaintiff: Unifund(purchased debt from Citibank)
Attorney: Kenonsian & Miele, LLP
Demand of Complaint: 5553.16
Interest: 1352.54
Total: 6905.70
I spoke to Kenosian & Miele yesterday and the judgment is enforceable for 10 years and the interest can accrue at a rate of 10%. Apparently I was served back in Feb 2013 but I don’t recall ever been served. Can you help and point me in the right direction?
Access the court record and look to see what is entered for service. Does it list your address correctly? Is there a description of who was served, and does that description reflect anyone at your house?
I would highly recommend contacting the consumer law collection defense attorney I am going to email you contact details for. He offers a no cost initial consultation. Find out what he thinks of your situation, and the options that make sense.
Thanks Michael. The address is listed corrected but the description fits my roommate more than me.
I agree with Michael about consulting an attorney….just a note though….If this is CA…you have 15 days to make a Motion to Tax Costs (stating why they are entitled to none)….check your case summary history online…it sounds like they may have moved the case forward and gotten a judgement: https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1700
Hi Michael,
I am being sued by Lang, Richert, & Patch via Unifund LLC, via citibank. One is for 8K the other is for 4K the last payments to citi were made in 11/2009. I went through a five year divorce in which I was In ProPer. My divorce is finished now except the issue of credit card debts which are addressed in my Dissolution Judgment, to be paid by my ex and I. I have offered 40% verbally on both debts a couple of weeks ago but I have not received an answer. Today I will write to them to ask for proof of ownership via a contract and for a response to my 40% offer to keep a paper trail for the court. Can I have the contact of a defense lawyer in the Monterey CA. 93940 area just for consultation? I am retired now so limited funds access.
Thank you and have a wonderful day!
Tom
With balances this size it will offer make more “cents” to defend against the collection actions. Talk to the attorney I sent you contact details for about that. But I think expert help will cost less.
I been sued by Kenosian & Miele for a Citibank debt that I had and have not been able to pay since 2011 in the amount of $2818.82. I was served about 3 wks ago and the “filed date” on the Simmons is 5/22/14. I actually got served more that 1 wk later than that date. After reading many of the comments of other people in similar cases as mine, I’m very nervous! I abviously don’t have the money to pay in full the amount that I owe and that I’m getting sued for. I’m currently unemployed and I don’t have money to hire an attorney. I live in Kern County in California and I need any type of advice please. Since I have already been sued and my date to apperar in court is 11/17/14, should I even try to settle directly with Kenosian & Miele? Is that even possible? It seems that most people that have tried setteling with then haven not been successful. What would happend if I just don’t show up to the court date? What would happen if I show up with no legal representation? Is there any free type of legal representation in Kern County available for my case?
Thanks!!!!
Try to find the closest low income legal aid office in your area and seek assistance if you qualify.
If that is not an option, look to see if there is a student professor run clinic in the law program of a nearby university, and see if you can get help.
If you are serious about settling, you can, but you have to have the money. Do you have any options, like sell something you use seldom, or pull from many resources?
Are there other debts than this one that Kenosian and Miele have sued for?
Hello,
I am being sued by Kenosian and Miele / Unifund for a Chase Credit Card debt that is almost 8 years old. They sent me a RFA. Should I even respond? They had originally filed a default judgment but it was vacated due to improper service.
What state are you in? When did the judgment get vacated? Who file the motion to vacate – are you working with an attorney? What is the date this account last received a payment from you (regardless of who you paid, Chase, Unifund, other collector)?
Looking for some assistance/represnatation for myself against Kenosian & Miele & Unifund.
I’ve been reading how to do it on my own, but would possibly like an expert instead, I’m just at the Answer and BOP stages and learning quickly. I’m in San Francisco California and running out of time to put it lightly.
1. Who is the named plaintiff in the suit? Unifund CCR, LLC (listed as client)
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele
3. How much are you being sued for? Lists current balance due 8223.39 2/7/2014 – Now 9703 as of a ” You know we are suing you, call and lets settle letter” 6/3/14
4. Who is the original creditor? (if not the Plaintiff) Citibank, NA
5. How do you know you are being sued? (You were served, right?) Served
6. How were you served? (Mail, In person, Notice on door) Sub Served – date on my uploaded court document states 5/18/2014 – giving me until 6-28.
7. Was the service legal as required by your state? Yes- They sub-served and i did reccive a mailed copy and proof of service/summons is uploaded listing correct info.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? N/A
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I’m looking at a credit report I ordered from experian.com and can not find my date of default.
11. What is the SOL on the debt? I’m in California so I believe 4 years for a CC / Line of credit and this looks like it is within.
12. What is the status of your case? Suit served? Motions filed? Register of actions lists May 8 Exempt Collections Rule 3.740 filed by unifund. May 8 Declaration pursuant to ccp 395( B) filed by unifund. May 27 2014 Summons on complaint filed by Plaintiff Unifund CCR served may 21…substitute service on …. etc.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I’ve had my head in the sand.
14. Did you request debt validation before the suit was filed? Yes Dispute & DV was filed and they came back with one CC statement copy from 1/28/2011-2/25/2011 balance of 6361.88 and 1061.72 past due. Looks like it was almost SOL…drat.
15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days from date served.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract?
1. Complaint form w/ 4 cause of action & Prayer.
2. Complaint Verification sheet – ” I am attorney for the plaintiff. Such party is absent from the County of Los Angeles where attorneys have their offices, and I make this verification for and on behalf of that party… etc….
3. Civil Case Cover Sheet
4. Declaration pursuant to CCP
Larry – I would highly recommend you talk about your options to defend against the collection from Unifund with your own attorney. One with debt defense experience in California. I will email contact points to you for one you can have a no cost initial consult with. You can succeed in beating this back, and the odds of that increase when you are working with a pro.
You recommended a lawyer from Chula Vista to help me.
They fixed it and I owe nothing.
Amazing. Thank you!
Thanks much for posting the update Larry, and congratulations with putting this behind you!
Michael,
I made a terrible mistake. I was notified in December that Lang, Richert Patch that they intended to sue me. I contacted them at that time to try to make payment arrangements which they did not agree to. At the time I was not in a position to make a large lump sum payment. I did not file an answer and yesterday received a letter from County of LA Registar-Recorder’s office that a notice of involuntary lien has been recorded. The amount stated in the document is $1,394.13. I am now in a position to make a substantial payment (at least 50%). Would there be any point in contacting then to try to negotiate this or is this now a lost cause? I don’t want this to end up on my credit report. Thank you in advance.
Lisa – You do want to contact them and work this out. The judgment they have can lead to wage garnishment or a bank account levy, and the amount owed will also grow from legal interest set by the court. What was the original debt about? Who was Lang Richert and Patch hired by to collect from you?
I would try to settle this for less than the judgment balance. Check out this post for more tips and information: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/.
The window of opportunity to prevent this from showing on your credit report as a judgment would have ideally been before you were sued, or negotiating a higher settlement once sued, but before judgment entered. Now that the court record reflects a judgment, it is what will ultimately show on your credit reports.
Michael – I am so happy I stumbled onto your site. I felt extremely overwhelmed when searching for reliable information on the internet regarding debt relief. The information I found was oftentimes conflicting. It was hard to find a trustworthy source whose advice I could trust until I found your site. Thank you for what you do.
I am being sued by the Law Offices of Kenosian & Miele on behalf of Sunlan for a CitiCard debt of approximately $4,000. My last payment to CitiCard was February 2011.
The summons was filed on February 11, 2014 but it was only served around March 15, 2014 at my parents’ residence in Los Angles where I used to live. I currently live in Santa Barbara, although it just so happens that I am moving back to LA at the end of this month.
Do you have any recommendations for a good debt collection defense attorney in LA?
Thank you once again!
Lou – I sent you an email a moment ago with contact details for an attorney that has the experience you need. Post an update comment with you progress.
Michael – many thanks for your thoughtful responses to prior queries. I know someone who now lives abroad, but used to live in California. Her bank recently received a Notice of Levy and Judgment of Levy. The judgment creditor is Unifund CCR LLC. Can you recommend an experienced debt collection defense attorney in the LA area? The total amount at issue is around $15k. Thanks.
SCG – I sent an email with contact details to an attorney who is familiar with Unifund CCR LLC, and probably the California collection attorney hired by Unifund too. Jeremy is not in LA, but covers the state.
Michael – your articles are invaluable, thank you so much for all the help you do. I just received a summons for debt just shy of $6K (original debt $3K) from a lawyer on behalf of Unifund for a debt to Citibank. My last payment was made in February of 2009 – it looks like they somehow got me to pay a whopping $41 at that time, when I hadn’t made payments for many months before that. The statute of limitations in Illinois (I’m in Cook County) is 5 years. The date on the summons is listed as April 15 / filed March 11th, but the actual complaint says Nov 5, 2013. Even though I wasn’t served until March 2014, is this still under the statute of limitations because they filed Nov 2013?
Also, I know I’m supposed to try to get the debt verification info from Unifund. Is this something I should do myself before contacting a lawyer, or would they work with Unifund to obtain that information? Do you have any lawyer recommendations for Chicag0 area / NW suburbs? I am terrified.
LW – The typical debt validation request you would send to Unifund, or the collection attorney, is not really going to fit the situation once sued. I would encourage you to consult with one of the experienced debt collection defense attorneys I emailed you contact details for first.