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The answers to the questions are still important but if you are being sued in GA is this in Magistrate Court and what county?

Please copy and answer the questions from the following link in order for members to better help you. https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

I'm being sued by Midland for 1,334.00. How should I proceed? How should I answer?

So now what

I try offering him money He say not anuff

He does not want to talk about payment

How do you do thst

So what do I do

I have a loan comeing to pay it off but because of the corinor 19it slow

My 2morrage is19000 and he will not take payment

Usually better to wait until the MTC is granted. The judge usually gives a deadline of x days to do that. So the best bet is to prepare but not file

Question: I filed my entry of appreance (pro se), answer and MTC Arbitration on 11/20. Do I need to do my application for JAMS now?

@profwormDid they settle with you?

Then what is the legal name they are registered under? Discover Bank, yields nothing with the Texas Secretary of State directory. If they were registered, using the name Discover Bank, it would yield the result and display the address as well as the registered agent. In this case it does not.

No but it doesn't matter. Discover doesn't care about the costs of arbitration and will follow all the way through to the end including appeals. They are second in tenacity only to AMEX if not equal to them. I recall at least one previous thread where Discover got ticked off at the consumer who started arbitration and refused all settlement offers. They very much do exist and are registered in Texas. My guess is your search isn't using the same terms as how they are registered. They sue in TX all the time. In fact they are quiet aggressive about it.

Okay. Thanks.

The courts more likely than not vacate a judgement that is 12 years old, regardless of whether any action has been performed on it or not. More likely, it will make them realize that you know about the judgement now and think that you want something and demand the full amount. You should at least consult with a consumer attorney first to find out what your options are and then go from there.

Understood. I'm trying to exhaust any options beforehand if possible. What about trying to get it vacated for bad service? Good or bad idea? What effect does that have on the original credit file? Would it come back on CR?

A judgment lasts 20 years in NY. If your name is on a mortgage application, very likely they will suddenly appear and want every penny. It would probably be a good idea to consult a consumer attorney.

I was sued by Cohen and Slamowitz (now Selip and Stylianou) in 2008 for credit account with Discover. They won by default because I was unaware that they sued me. They delivered summons (nail and mail) to my old address (I had moved a few months before). I never received the summons. Fast forward to today. Judgement no longer shows on CR (believe it dropped off around '15). Credit score now 750+. They never garnished wages, or froze bank account. Wife holds mortgage in her name, but now we're looking to build, and her credit score and DTI is just shy of what we need to do to make o

@texasbbj@Clydesmom Discover Bank doesnt exist in Texas, or at least isn't registered as Discover Bank with the Texas Secretary of State. This COULD mean they can't assert any claims or do anything other than defend themselves if they are sued in Texas. I am not sure about this, though. I do know I once was going to sue someone not registered in this state and was told they couldn't assert any claims or do anything other than defend themselves if I sued them. I did just check with SOS direct in Texas, Discover Bank pulls up nothing. Says "there are no records that match your inquiry."

So is there no arbitration agreement that limits court to only small claims?

Given there really are not any defenses to an OC suit yes, settlement is often the best approach. There are windows in which you have greater negotiating power. Research threads on Discover and arbitration and you will learn what they are.

Nope. The jpeg of the papers they were served with indicates Texas 192 rules which means District/County court. Zwicker is starting to use the state level to avoid having to get permission for discovery and to force pro-se defendants to have to follow ALL the rules.