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I just got back form court and I got what I wanted. I was being sued by Discover, they used the firm blitt and gaines pc. I showed up early, prepared, and wore a suit. The only thing I had to say to the judge was "yes". the plaintiff's lawyer just motioned a stay or continuation(?). I had requested card agreements that they did not provide. Because of that she didn't try to get a judgment. I was planning to motion to compel arbitration but it didn't even come up. They wanted $3700. I made a initial settlement offer of $1400. The lawyer said she would try to convince "them" to that offer. So I big win in my book. my only question was she told the judge that I had made a settlement offer, then the judge asked me if that was true. What is the best way to handle that question? Thanks to Everyone one this board who gave advice. @Clydesmom @BV80 @BackFromTheDebt @Brotherskeeper @Goody_Ouchless
1. Who is suing you? VELOCITY INVESTMENTS, LLC (Using Blitt & Gaines P C for Plaintiff) 2. For how much? $3998 (principal), $249.00 (Court Cost) 3. Who is the original creditor? Lending Club 4. How do you know you are being sued? Received mailers about getting attorney help and found e Docket in Illinois Clerk website 5. How were you served? Were you served? Initial Contact was Letter in mail with delivery confirmation Not served yet, but on the eDocket it says: SUMMONS ISSUED AND RETURNABLE, CASE SET ON STATUS CALL 05/02 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None. Knew nothing about them prior to this. 7. Where do you live? ILLINOIS 8. When is the last time you paid on this account? 07/01/15 to Lending Club 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Case set on Status Call 05/02 even though it shows another court date under Complaint Filed 04/02 and activity date 03/01 - 03/02 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I haven't received the summons yet. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Don't have that information yet, but want to prepare myself as much as possible. I fell very ill for 6 months and lost my good job, already in debt about 60K, accumulated another 40K in treatments due to loss of insurance. Bankruptcy is not an option until 2019 because I was already in Chapter 7 due to being a co-signer on a mortgage and credit cards with my parents when 2007 financial crisis hit and we lost our business and home. I am also wondering if it makes sense to fight this as more lawsuits will come and I will get buried anyways....please help!