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Found 6 results

  1. I am being sued by Guglielmo & Associates from Tucson AZ. The original creditor is Discover Bank. I have 20 days to answer the paperwork I was served 3/28/19. The debt is 4k. What course of action should I take? Should I answer first or file a motion? If so what answer or what motion? I am unemployed and don't have any property to seize and barely any money in my bank account. Is my car that is paid for at risk (2007) ?
  2. URGENT HELP NEEDED My husband (who I have POA for) was served summons May 2016 for credit card suit Discover Bank c/o Brock & Scott PLLC . Details below: Answers & Affirmative actions filed within 30 days June 2016. He is pro se right now as no income Meditation and/or trial Magistrate Court Ellijay, GA on July 20, 2016 Discover Bank c/o Dorian xxxxxxxxx (his location is Conyers GA but states on complaint Brock & Scott PLLC in Winston Salem address) versus the hubby Question: On July 20 what motions can be filed? Debt amount stated $2,7xx.38 is not accurate as Discover card accepts payments April, May & June 2016 - less than min amount This is first communication from Discover - no prior settlement offers or contacts from collections Letter rec'd from Discover Feb 2016 offering lower interest rate and stated charge off date end of Feb 2016. Only attached to summons is an affidavit from Discover Bank Litigation Specialist, Feb to Mar statement - not reflecting lower interest rate which we accepted or so thought we did via letter. 1. Asked for verification to attorney when we received summons - not afforded to prior as we did not know it was in collections - asked second time with answer - NO REPLY 2. No cardholder agreements or anything else. Q: I believe we can request Motion to Dismiss? OR Motion to Comple Discovery? OR Strike Affadavit of debt? OR Motion to compel Arbitration? (JAMS) Should we present arbitration request at mediation followed by trial...Very confused! HELP We can not afford an attorney to assist us due to very low income and no resources to borrow money for attorney. Please any help as he can't speak well for himself & I must help him
  3. Hi, I recently had an almost 3 year battle with Discover Bank dismissed with prejudice, I am looking perhaps for an attorney to bring FDCPA and other actions as there were many violations. Thank you.
  4. Case going to trial soon in California, LA county Discover Bank now via Suttell response to CCP 96 only described witness as "Custodian of records of plaintiff" care of the law firm P.O. Box in WA. No CCP 98 Dec. - does anyone have any case law or legal authority to cite in a Motion in Limine to exclude this "witness" ? They never served or filed a CCP 98 so don't know if Target v Rocha will apply?
  5. I have been sued by Discover. In discovery I found that a Discover credit card transferred balance opened the account I am being sued for. I have asked 3 times (2 RFPs and 1 letter in between) for the credit card statements from the old account which make up more than the balance owed on this new account. They cannot provide stating it is "irrelevant, unduly burdensome and not reasonably calculated to lead to discovery and seeking documents Plaintiff is not required by law to maintain." I had filed a Motion to Strike their Affidavit which caused the Plaintiff to Amend their Complaint (only changing the amount by a few hundred dollars less) and, in the process, not follow proper service rules (I did not get a copy and only noticed while checking online that something had been filed). Since I have requested details on the charges and they cannot provide their own credit card statements from the other account, what should I do next? My argument is they cannot provide proof that this account is owed by me in any way and have not followed proper Florida RCP. Isn't the burden of proof on the Plaintiff? In calculating ALL statements provided it is found that $1,800 stems from actual purchases on the statements provided only (the transfer amount from some other discover account was over $9800 including payment protection refunds/charges that's too confusing to break down at this time), $7,688.86 consists of finance charges, total payments made were $12,500. Can I file something in opposition to Plaintiff's Motion to Strike my Affirmative Defenses? Thank you.
  6. My mom received a Plaintiff's Post Judgement Interrogatories to Defendent filing. I have been grateful for this site as it's helped me answer some of the questions. It's from Discover Bank and she told me that she had an account with them back in the 90's. The filing freaked her out and she called the debt collector and made a payment arrangement. My questions are: 1) Can she object to all the questions asked in the interrogatory since she didn't force them to prove the debt? 2)Can we still force them to prove the debt? How? 3)If it's from the 90's and the SOL is 4-6 years here in GA, can they still sue her like this? 4) How do I object to them asking for her full name address, employement, accoutns receivable, personal property, etc? She is really nervous and I want to avoid the expense of a lawyer if possible. Thanks for any assistance and advice!