I am really in a bind and now somewhat scared of this. I received notice back in about Feb of this year that my Discover account was closed. I had stopped paying them in late Sept/Oct. In June, I was served a civil notice that I was being sued by a credit lawyer that says he represents him. I signed and returned. I received a letter about mid July to contact one of the creditors in their office, they had permission to act on behalf of Discover to resolve this. Then I received a call on August 16th at 8:45pm from their office requesting to talk to me to settle this. Now, today, I received official "looking" papers in the mail from the lawyers offices that are dated August 18th stating that since I never denied the debt or took any legal action to defend myself, they were going for a "motion for judgement on the pleadings" based on this that and the other legal terms.
OK, this is where I am confused. I thought denial came before being served and that there was no motion after the fact except for discovery. In the intial serve papers, they included a photocopy of discover's terms with no signature. And that request for jugement could not be asked for if i requested a trial date. In my resonce, i was ambiguous and requested a trial date.
I am broke. There is no house in my name, no car (the one I drive is 11 years old but not in my name) the only bank account I have is as an adult guardian for my minor children's accounts. My income is @ $ 100-125 per week. I get no assistance from the state nor any other income, although legally I am married.
The total amount the lawyers state they want to collect is the principle sum of $8330.04, attorney's fees $858.00 and court costs $255.00.
My story about Discover is not a woe is me. I had not been using the card but was making weekly payments toward the principle to cut it down for months. Then they jacked up the interest rate which jacked up my minimum monthly payment which sent me into late fees and higher interest rates. I couldn't keep up and the amount kept getting higher. Eventually, they even lowered my credit limit which now my balance was higher than and that incurred more fees, etc...
I did contact Discover several times to try and work something out. They would not work with me and said I didn't qualify for any programs as I was unemployed and did not collect unemployment. They would tell me to make a lump payment and then they would wave a late payment for a month and then come back at me. It was so upside down and backwards, I stopped making payments. I know it is not an excuse, it is just the backstory.