I have a CC with Discover and it is about 9700$. I just received a summons today from the law office that has bought out the debt. Or CA has bought it out. I had received written documentation from them back in October which asked me to give out my income/expense info. Which I gave to them in writing.. but didnt send it out certified (ugh). Anyway, I gave them my income and expenses only and nothing else... I have no mortgage or anything but just a 89 honda civic that I own. Nothing else. I put on the correspondence that I could pay 50$/month payments and never heard back from them until this summons. So I am assuming they will not accept 50/month at all.... ? I need to answer so what is my next step? I live in Michigan. Thank you
I have been in default since Feb 2002. I tried to get my payments adjusted through discover then my income was reduced -- SOL isn't an issue I don't think. I just want to make sure I give the 'right' answer to them and do not want to default judgment on this loan. Thank you
Well, first off... I did not know I did not have to give them any information. Second..... I don't have a judgement against me at this point I don't think...? I was just issued a summons today that is requesting judgement from me in the amount of 9700 + dollars. I gave out my info in good faith.... now I know I didnt have to do that .... I know it already. So now i have a summons to answer. What other info do you need.........? Not trying to be a smart butt ...... just asking. Thank you
if you don't want a default judgement, you have to go to court, simple as that. i am assuming you got no collection letters from this agency ... if you did you request validation and a listing of all fees that they may have added to the acccount? If not, I would request that now... how do you know what was originally charged off and what is late fees, collection fees etc..... I would request via certified mail, return receipt requested. when is your court date?
'If I I knew then what I know now' No, I did not send any validation letters or request anything of the sort from the CA I just gave them income and expense info. There isn't a courtdate set..... only that I have been issued a summons for xxxx amount of monies. So, I can still request information from the CA?
Whoa... I can only sit back and empathize with you as I went through a similar thing a few months ago. Everyone remembers my case. I got sued for a SOL debt and I bent over and hadned the law office the vaseline just because they obtained a summons. Now you know.... you have rights too. My suggestion is for you to get a lawyer to handle it at this point.
The paperwork is from the court office here in Jackson Michigan. And the summons is a summons/complaint. It says I have 21 days to file an answer with the court office. The last page is a copy of a Discover statement that says "Internal ChargeOff" and the amount paid leaving a $0.00 balance on the account. So, there is no court date set. The other document states that I failed to pay the debt, used the account to purchase goods, did not object to the accuracy of the account's billings. *sigh*
did not object to the accuracy of the account's billings. prettyfall ~~~~~~~~~~~~ ~~~~~~~~~~~~~ Now's your chance to object . Send the valisation lertter CRRR. LB 59
Yes, I would like to examples LizardKing of the letters I would answer with. Thank you. Will keep the faith
Get a lawyer if you were sued, In the meantime, answer the suit. Answer each paragraph like this: "The allegations of Paragraph # is denied for a lack of sufficient information to justify a reasonable belief therein." If any of the paragraphs have ur name add "except to admit the procedural capacity of the parties." If any seperate paragraph says "defendant is liable" or anything like that, put: "The allegations of Paragraph # are denied. Defendant calls for strict proof of contested allegations." Do this if you cannot find a lawyer before the deadline to file your answer. That way you will buy time to get a lawyer, and you will not be defaulted.
Why do I need to deny everything? If I don't deny and claim all the information as true ..... can it possibly go into a settlement offer situation? Max I could pay is 200$/month but they can STILL reject the offer right? And put my account into a default judgment?
The reason you want to deny everything is because if you admit to everything, they will file a "Motion for Judgment on the Pleadings" and get a judgment for the full amount. The reason a general denial is always filed is to force the plaintiff to prove his case. If you deny everything, that puts you in a better chance to settle because he may not be able to prove his entire case. By denying the allegations, he will want to settle to avoid the risk of losing. If you admit to everything, he has esentially proven his case, and will file a simple motion and get a judgment for the full amount. A general denial answer is always filed because it buys the defendant (you) more time to gather evidence or even get a lawyer. Again, if you admit everything, there will be no trial or settlement. Just a judgment against you for everything they claim
Also, a default judgment can only be taken if you do not answer the lawsuit. Once you answer, the case must be proven by the plaintiff. For your sake, prepare the "general denial" answer, file it, and you will avoid a default judgment. Also, it buys you time to find a lawyer who will take your case. It may also force the creditor in settling because they may not have what they say they have.
You have to change your mindset about this. The time for making payments and dealing fairly is over. You cannot make a deal now, it has gone too far. They don't care what they do to you. You will try to be fair, admit the debt and expect them to work with you and let you make payments. They will let you think that is what they are doing. You will get a judgment filed against you, which will the accumulate interest over time until it becomes a monstrous debt you cannot pay, with the power of a judgment behind it. Even if you come to an agreement, they will enter it as a "consent judgment" - and you will be wondering what happened. They will garnish your pay, clean out your bank account, and leave you with no money. They are not interested in fairness or your honesty, although they will let you believe that they are. Take the advice you are getting, or you will regret it. Your money will be gone, and your credit will be ruined for years and years. You have to stop them now.
Taking the advice of this board and preparing my answer to discover card. I have seen a sample from Lizardking does anyone else have any examples for me to go on? Do I need to get anything notarized? I have copies of correspondence I had with this CA is that necessary to include in the answer? Thank you
I do not have a problem with posting a "form answer" as long as you understand that I am not a lawyer and that its a FORM. You should customize it to fit your needs. I also do not have a problem with the moderator contacting me somehow so she can add it to the sample letters section.
Yes, I completely understand that you are not a lawyer and what is available to me is strictly a form. Not a problem, just looking for some direction. Thank you
