SarahK

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About SarahK

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  1. They sent the wrong one. It took them over 3 weeks to compose one that had a monthly payment plan on it. The attorney wanted $1000 just to look at it so we decided to take the lump sum and pay it all at once so that there would be no judgement recorded. We were supposed to get the new one but instead they just sent a vague piece of paper. I’m going to call them again today.
  2. We agreed over the phone. I was just confused because I figured there should have been some sort of paperwork stating paid in full before I mail off a large money order.
  3. So we agreed to pay the lump sum to withdraw the lawsuit. They sent us a letter stating the debt can be settled if paid by 5/24/19 and where to mail pmt to. Shouldn’t they send some sort of contract stating the lawsuit will be dismissed and the balance of the debt can’t be resold along with that the account will state settled for less?
  4. I know they will report on the credit report but what I meant is I don’t want a judgement reported or entered on my credit report. I read that as soon as I sign the agreement they will enter a stipulated judgement with the court which will show on my credit report for 7-10 years. That’s basically just as bad to me as a default judgement or a BK showing on my credit report. I also read that they usually try to sneak language in that would dismiss them from any counterclaims arising if they breach the agreement. My whole reason for agreeing to pay this rather than file BK on them is to Do as little further damage to my credit as possible. I have also requested for it to state I am not admitting liability rather agreeing to settle out of court. The third thing they mentioned was not dropping the current lawsuit until the entire debt was paid off( which wouldn’t be for four years). So what you’re saying is a judgement will only show if I default? I’m set to speak with a lawyer this week about different options because I want someone to review the contract before I sign anything.
  5. Spoke to discover again and they agreed to a payment arrangement for the entire amount of the debt over 4 years or a settlement for 70% which can be broken into a few payments. They said they would send paperwork of the agreement which we have still not received as of yet. They also said we could mail our payments in before the agreement which I laughed at and said absolutely not! They want to do a stipulated agreement/judgement which is not what I'm looking to accomplish because I don't want a judgement on my credit at any time. If I am paying as agreed the case should be dismissed and no judgement filed. If I didn't care about the judgement on my credit I would just continue with the lawsuit and make them do the work. My question would be that once they do send the agreement, what needs to be included on their end so that they can't file a judgement unless I default. Nothing should be reported on my credit report and if it is there needs to be something stating that I can sue them for breaking the agreement. If they don't agree to change the agreement what is my next option? Let it go to court and ask for a payment arrangement? Or will that also lead to a judgement on my credit report? The last option I have is to file BK which I'm trying to avoid as I am trying to clean up my credit rather than destroy it. Any advice would be helpful.
  6. I just went on the court website and I was hoping that someone could explain this to me. There is no trial date set. Next court date is for order to show cause re: failure to file proof of service and failure to file default judgment pursuant to crc 3.740. I know this is referring to the plaintiff, but what exactly does this mean and what happens next? I'm very confused but it seems like they have made a mistake? Will this get dismissed if they can't answer to this?
  7. Spoke to Discovers attorneys today and they are offering a 70% settlement in the amount of 4650. Original debt is 6540 which over 1000 is interest and fees. Isn't this a bit high? I initially countered at 40% and she barely came down. I was hoping to at least get to a 60% offer if paid in lump sum. She also offered monthly payment arrangements which are doable but they are for the entire balance. Any advice on how to get this number down? We are leaning towards the payment plan just in case we do decide to file for BK next year we wouldn't be out very much money. Shouldn't they give you a break on the balance on the payment plan as well?
  8. Thanks for the info. The only reason I asked for all those documents was because I read about it on this forum so I thought I was doing the right thing. Like I mentioned I haven't been through this before. I am going to wait 60-90 days and try to make a settlement offer. Hopefully they will accept.
  9. I guess what I meant by that is they sent me a 3 page print out of terms of credit which has no interest rate or anything like that and no signature. It's just a printout of their terms of usage. The other paper that I was trying to upload was their response to my production of documents. 1.It says plaintiff objects on the ground of relevancy that information or documents sought do not appear to be reasonably calculated to lead to admissible evidence. 2. Plaintiff objects to the disclosure of any documents that are privileged or contain facts or information that is privileged as the result of a communication between Plaintiff and its attorneys. 3. Plaintiff objects to the production of the Plaintiff's counsel trial preparation materials and/or contain mental impressions, conclusions, opinions or legal theories of Plaintiff's attorneys and further objects on the grounds that the information requested was prepared in anticipation of litigation or of trial. 4. Plaintiff objects to any Requests that require Plaintiff to obtain documents from third parties that are equally available to Defendant and could be obtained by Defendant directly and is therefore more convenient for Defendant and less burdensome and expensive to the Plaintiff. I had asked for the original contract, proof that they own the debt and a set of accounting statements. They sent the accounting statements. There objections are as follows: Plaintiff objects to this discovery request on the grounds that it is improper as overbroad, unduly burdensome, vague and ambiguous. Plaintiff further objects in so far as this request seeks documentation which is or should be in the Defendant's possession. 3. There was a letter signed by Courtney Reams verifying the records sent which is signed and dated from New Albany, Ohio, so I'm assuming this is their witness? Is this who I would subpoena to go to court? I'm not sure what to do next. I have read a lot that Discover is a tough one, but if they do have all the valid documents, I'd like to make a settlement offer rather than get a judgement in court. How does that work? When is the best time to propose that? Do I wait till we go to court and then ask if we can have a settlement conference before the trial to try to come up with an amount? Any advice would be greatly appreciated as I have never been sued before and would like to put this behind me.
  10. Just got a response today. They sent a blank contract from 2015 which has no terms of use on it along with ending statement balances starting in 2016( ending monthly statement with balance, payment and interest charged but nothing saying what the charges were for). There is nothing before that date and the starting balance is $3600. The statements done have any individual charges either. Don’t they have to provide that? There was a validation letter signed by a witness in Ohio as well. They responded to my requests refusing to send any more documents because it was too costly, burdomesome and stated I could get the documents myself. They also objected stating that they don’t have to disclose anything about their case before trial and the documents are unnecessary which is absolutely not true. What is my next step here? I have 2 accounts and forgot password to the first one so I am using this one now. If I can’t win this I will settle at trial however I know there is more paperwork I can file first to try and win.