I appeared in court today. Thanks for your help! I had Care One help me with the initial filings, and the attorney Smith-Debman hired here in town argued that any evidence I didn't put in my answer was inadmissable. I didn't know that the SOL was not up until later, and told the judge this. I also pointed out that the affidavit swore to incorrect information, as they said this card was opened in April, 2003, when it was actually opened in June, 1989. They produced no contract and no receipts. Their attorney argued anything I brought up now as a defense should not be admissable, as it was after the answer. I explained this was the first shot I had had with the information and this firm did not respond to my request for strict proof until September, and I have not had enough time to have my CPA go over it for accuracy. I added that I didn't object to incorrect charges and interest rates, for I was devoting 20 of every 24 hours to care for my mom. The only question she had that was an issue was she asked for any notes I had of conversations with Citibank, and I didn't have those. She then asked me when the last charge I made on that card was, and I pointed out a charge in 2005. She took the information and said she'd issue a ruling in writing. I thought this was just a motion hearing, but she treated it as my 'day in court'. In all honesty, if she does rule the intitial answer should have contained this stuff, I suppose the lesson for me is to do everything next time. Do you see areas of appeal should she rule against me? I called Citibank on Sunday, and they again said they'd try to work with me. Also, they didn't ask for any attorney's fees, which is strange. I also pointed out the Cardmember Agreement that specifies JAMS arbitration and had a motion filed for that, which seemed to catch their attorney off-guard and he brought up some case about a used car dealer and evidence at a late time, blah, blah.....I pointed out that federal law requires these cases to be conducted with the broadest protection of the consumer in mind. Thanks again for all of your help and any thoughts, etc. would again be appreciated.
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