In late December 2003 - early January 2004, a collection company for Discover Card started contacting me constantly. I do not deny that I do owe Discover something, but the collection company was stating a balance that was approx. $1500 - $2000 dollars more than what I thought I owed. They were calling me at home and at work demanding that I pay at least $500. I was not able to and they started calling my father. At that time, I sent them a letter requesting validation of the debt and instructed them to only contact me via mail. I sent the letter certified. I never heard another thing from them or anyone else after that. No letters or phone calls. On Saturday, August 14, 2004, I was served a civil warrant to appear in court on Sept 7. I am scared to death! I have never received anything from the attorney that is representing Discover or from the collection agency. If anyone has any advice on what I should do, please share it with me. I still have the copy of the letter that I sent along with the receipt and the signature card that the collection agency signed for receiving my letter.
Get an attorney. Go to the hearing. Don't volunteer any information. Seems to me they would need to have a judgment first. Best I can do sorry. SnakeMan
Thanks for your reply. Do I have to have an att. to go to court? I really can't afford one. I called legal aid, but my husband makes more than the minium that they allow.
No, you don't need an attorney, you can represent yourself (pro se) make sure you respond to the summons timely (on or before the Sept. 7th date) I have taken on Discover Card and beaten them in court without an attorney just recently... Where are you located? If you need a copy of a written answer leave your e-mail and I will send you one... Your strategy is this: Drive up their legal cost so much so that it isn't worth suing you -- file every possible motion you can think of -- use the pre-trial discovery motion - file a motion to strike the complaint etc., etc., -- I have templates for every motion you can think of... How much is Discover suing you for? You will want to use the FDCPA Violation as one of your affirmative defenses...
Thanks so much for your offer to help! I am really scared and appreciate any assistance. My email is jarviswendy@yahoo.com. I didn't even know that I had to respond. They are suing me for $3805.06 in principal charges + $260.08 interest at the rate of 19.800% + $1268.34 in attorney fees for a total of $5333.48 + cost. I copied all of that straight from the civil warrant. I am not denying that I owe them something. However, my credit limit was $1000, that is why when the collection agency said that I owed over $3500, I demanded proof of the debt. We would not even be to this point if the collection agency had responded to my validation letter. Thank you again for your assistance!
I forgot to mention that I don't work. I am a full-time college student. My husband works and supports me. We have only been married for two months. His name is not on the credit card. If they do get judgement against me, can they garnish his wages?
Absolutely not. He's not a signatory on the account and even if you live ina Community Property state, the debt is not Community Property because it pre-dates the creation of the Community (the marriage)
I am also being sued and our situations are very similar I was actually served on 8/16 and my amount is $5427.50 my credit limit is 2400. They sent me some papers to fill out for a stipulation for settlement. Should I fill these out or go to court. I am kinda in the same situation as far as $$$$$ goes. I just dont have it to give. If I did I would. I tried send a message to the one helping you and they wouldnt accept any direct messages can you help me please.
yamsi12, I need your help also. I need to file an answer to a summons and complaint for a vehicle that was repossessed and I have no idea how to do so. My email address is tmedawashington@yahoo.com. Please help me if you can!
