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Found 9 results

  1. This is the start of MY story to address, defend and clean up my outstanding debt. I have been sued by one of the major law firms that represent both JDB and OC in TEXAS. The firm operates in other states besides Texas, so their strategy may be the same outside of Texas. MY accounts in collections with a variety of collectors, have account totals ranging from $2k up to $14k. I will post the status of my defense actions and results as they progress. I am not working presently and hope the employment situation will change soon, as a result I have time to research and defend myself. First case has been filed and I was personally served. I answered the complaint with information provided on this great forum. I believe this forum is monitored by collectors so I will be careful and may or may not change location and dates of the process. I have not retained counsel and plan on defending myself all the way. I believe I am judgement proof presently because I have no wages to garnish or bank accounts to levy. But if I do get a job, that situation may change. Here is the most important thing I have learned to date: Beginning last year most courts in the US have allowed lawsuits to be filed on-line through the e-file system. This has made it extremely easy for Plaintiffs (the debt holders) to file suit against YOU & ME. They do not have to go to the court records Department to file claims against you. The courts like this because the budgets of the courts get the increase revenue from the filing fees. It is a lot easier for a court clerk to handle filings on-line then actually record the filing in person. Curiously I have not heard anything about this fact going on in our Court System. This is a lot of money flowing into the local governments. You can see this for your self by going to large counties that have there court records online. The filing attorneys have a standard template they use where they put your name, account number and amount of the debt. They file as many as 10 or more a day. There are courts that handle hundreds of flings a day, some charge $300 each to file, you do the MATH. This to ME is a revelation that will have unknown consequences on the public. Now going forward, We the public need to use this new filing systems to our advantage when possible, and that is what I am going to do and relay to the forum. Continued......
  2. Hello guys. New here looking for assistance. I got a letter from law firm representing discover. I responded and requested debt vaildation. Got card agreement and statements in mail. Later threat to lawsuit. I replied and stated let's go to Jams arbitration. Account in question is $5400. Got FedEx at my doorstep. Application for jams and application was submitted by them. They sent the same to jams. Next day they paid $1500 to commence arbitration. Got letter to commence from Jams. They also requested expedited arbitration. I had 7 days to response to expedited request. Emailed all parties I'm not interested in expedited arbitration. Now we're choosing arbitratiors. I went and retained attorney for bankruptcy filling. I emailed the claimant's of my representation and retainer letter. Discover now has to pay $4000 to move forward. What do you think I should do from here? All costs are being paid by them and they are moving forward aggressively without any care in the world. Thoughts? Any help appreciated Sincerely nada
  3. Zwicker on behalf of Discover Bank sued me for approx 11k in the county of riverside, superior court of california They only attached one credit card statement and no contract or application. I foolishly said i had an open account with them but denied all other actions. I served them discovery to them on 7/23/19 (admissions, interrogatories both special and formal) and documents Today is 8/12/19 and was served with motion for summary judgement with all credit card statements and a declaration from someone that claims they work for discover in New Albany, Ohio. Is there any way to fight this? they have never sent a contract or application their witness/the person who signed the declaration is in ohio. I thought in california, their witnesses have to be within 150 miles of jurisdiction. "Discover Bank" sued me statements are for Discover It Card exhibit A was discover cardmember agreement exhibit B was all the statements since origination of account
  4. 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) ?
  5. Guest


    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
  6. 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.
  7. 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?
  8. 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.
  9. 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!
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