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Found 16 results

  1. Summons letter was served to my home last week. I wasn’t home so they left it with my mother. It appears that was from a law firm on behalf of Discover bank. The amount owed is a little over $3,000. I am currently unemployed and I have no assets. I rent an apartment and my car is leased. I am in no position to pay a settlement so I would like to figure out a method to either have this dismissed or possibly delayed for as long as possible. My last payment on this account was March 2017 and the account was charged off December 2017. I’ve attached the papers that were given to my mother on 5/8/18 and I believe I have 20 days to answer. Any help on how I answer this summons?? Do I have any ground to stand on? Can I request them to prove anything? Ive noticed it says something about Dated: 2/22/18 but I’m not sure what that’s referring to. Any help is greatly appreciated.
  2. Am lost in law, but oh so thankful to have found this forum. I have been searching for near a month trying to figure out what to do, none of it made any sense. Then I found this oasis; whew I there's a light at the end of the tunnel after all. I've read around the forum and found the questions needed for any insights (I have added questions of mine about areas of the papers) so here we go....... Who is the named plaintiff in the suit?Discover 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moore group 3. How much are you being sued for?$6600.00 4. Who is the original creditor? (if not the Plaintiff) N/A 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door)personal service 7. Was the service legal as required by your state? as far as I know. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? California Sn Juaquin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, however their claim is "common counts" and that is 2 years if my research is correct, 11. When did you open the account (looking to establish what card agreement may be applicable)? maybe 2008/09 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). yes Summons served. ( I have been struggling trying to find information that made sense. THEN I found this great forum, I'm feeling relieved and ready to put up a good fight.) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract') . no 16. How long do you have to respond to the suit? (This should be in your paperwork). 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? three working days tops. I have already freaked out. I now stand with the clock ticking rather close the courts are open today and tomorrow till four. I could push it till Monday. I read that time starts day after service; however, I am not certain if it was the 14 or 15 papers are 1) summons 2)notice of case assignment 3) civil case cover sheet; limited; rule 3.740 collections (09); not complex 4)instruction 4 cover 3 pages) complaint contract 6600.00 + cost of suit post judgment & interest #1 on the complaint.discover. is this the first claim I need to answer? First cause of action within 4 years checked plus both (1) on an open account for money and (2) an account was stated in writing between P and D (then) within 4 yrs (it states the same as 1 and 2) plus other; This C.O.A. relates to card account ending xxxxxxxxxxxxxxx yadda yadda yadda (7 pgs total) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.no-thing at all (as a matter of fact I think that they did not give put all of the papers for the summons. It is in the rule that they were to add a blank assignment case pamphlet. Plus I didn't see a court date on here anywhere. I read that the answer did not have to be filled out on one of their forms as long as it answered each of the complaints; is this true? What other paperwork should I add to the answer, I am not sure where to go from here. Thank you for taking my post into consideration, I will be posting updates and accepting "idea handouts" here till the end and beyond.. I have wanted to learn more about law; this makes ahellofa reason to start. any feedback, ideas etc. will not be taken as legal advice. However they will be appreciated deeply. {=love and light =}
  3. Here are the facts of the case: 1. I've had my Discover card since 1996 and always kept it paid off fully every month until around 2014 when I experienced the all-too-common medical expenses for the first time and ran up a debt of ~$14K and couldn't afford to make payments any more. 2. In January of 2016, after a long series of threatening emails and offers to make various arrangements, I received an email from Discover offering to settle my balance in full for 30%. 3. I borrowed the 30% (something like $4.2K) and sent it to them via check. I included a copy of the email, and wrote in three places (a post-it I attached to the email copy, the payment slip, and the back of the check) that depositing the check indicated Discover accepted the account as settled completely. They deposited the check before the 15-day limit the settlement offer had required had run out. 4. Lo and behold, I kept receiving statements that listed the remaining 70% as due. I figured it was just taking time for the settlement to move through the Discover bureaucracy, so I didn't bother responding. 5. In mid-November of 2016, a received via normal uncertified mail a court summons saying that I was being sued by Discover for the remaining 70% and that I had to respond within 30 days. CIR was representing them. 6. Since I had not been legally served, only sent a copy via uncertified mail, I figured I could move to have the case dismissed later if a judge ruled for them by default, so I did not respond to the summons. Instead, I sent a letter to the CIR attorneys via certified mail that included copies of the email offer to settle, my payment slip with its paid in full language, and my cancelled check that had the paid in full language on the back. I explained that their suit had no basis and asked them to dismiss it. 7. Apparently, they forwarded everything to a certain M. Johnson, Sr. Dispute Investigator at Discover. In late February of 2017, I received a letter from M. Johnson stating that he had reviewed my dispute, had found the balance to be valid, and had forwarded his findings to CIR. He included several of my statements and a copy of the FRONT of my payment check, but not the back with its paid in full language. 8. Shortly thereafter, I received another letter via uncertified mail informing me that new attorneys had been assigned to my case. 9. I wrote three letters--one to M. Johnson and one to each of the two attorneys I had been assigned--sent via certified mail that included copies of the offer to settle for 30%, my payment slip that included the paid in full language, and the cancelled check with its paid in full language on the back asking them again to dismiss the case. I have yet to receive responses from any of them. So what's my next move? Do I wait to see if they respond? Did I screw myself by not responding to the initial summons, even though it only came by uncertified mail and I wasn't served properly? The debt was settled fully in 2016 and I have the paperwork to prove it.
  4. I'm being sued by Discover. Im not sure about how to navigate this forum. I read to post in the "is there a lawyer in the house" but I don't know how you guys find that. If Im inthe wrong spot- please do let me know. Thanks! I sent in a request for arbitration with JAMS back in May. They ignored my request which is evidenced by the papers they had served to me yesterday. I elected arbitration because I need to buy time. I do not have funds to negotiate with I do not have an income. The reason for the "breach of contract" was a personal injury which is also in litigation. I wanted to buy time with Discover til the litigation in my PI case was settled then neg a settlement with Discover at that time. I dont expect a settlemnt in the PI case for one year as my attorney in that matter just filed. Anyone? Should I just let them get their judgement and deal with it when I get my settlement since I have nothing to barter with? How much damage can they do with a judgement? Take my car? My home? Im at a loss and have no clue what to expect. Also feeling a bit sorry for myself as this would not have happened if I had not been injured. (sob Sob.. sorry everyone has their story- and I know noone else cares- especially not DISCOVER) so... please advise? I thought maybe calling them out for practicing as a collection agency without a license in WA State- but even if the Judge bit on that, it probably wouldnt dismiss. I have read through these forums to nausea and as helpful as they are- I dont understand how to respond to the paperwork. Is there a step by step somewhere? Thanks so much! Oh.. I did see I need to answer some questions: 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Suttell & Hammer, P.S. 3. How much are you being sued for? over 15k 4. Who is the original creditor? (if not the Plaintiff) Discover 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) at home, answered door 7. Was the service legal as required by your state? think so, yep Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I sent a letter in May requesting JAMS. a few letters from them since offering settlements but I have not responded. 9. What state and county do you live in? WA , Kitsap 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) still in statute (no luck on that one) 11. What is the SOL on the debt? To find out: 6 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Im not sure what this means 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I disputed with Discover when I requested JAMS they sent me a questionaire from the Fraud department- I did not fill it out. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. YES, they sent me copies of a few statements and a few cashed checks of payments to the account. 15. How long do you have to respond to the suit? 20 Days . 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. Breach of Contract Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no interrogatories. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO evidence, they listed within the document the last 4 of the card number, that I had made payments, that I had used the card... that kind of stuff.
  5. Hi all- I got served today. I had been on this site before and followed Linda7 advice- sent a letter: "I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. All phone calls are inconvenient, so all communications need to be by mail." I did get a letter from their fraud department a bout a month later asking why I disputed. I didn't respond to that.I also got a package with some statements , cancelled checks stuff liek that, which I just set aside for later. I've been pretty out of it from an injury and trying to deal with recovery and the legal proceedings of that as well. Today I was served at my home- it was a legal serving. I'm in Washington State. They claim I owe over 16k. (I dont think its that much) Firm is Sutter, White Hammer I Checked and they do not have a "collection agency " license which I think WA state requires (my eyes are bleeding from all the reading but I read if a law firm practices majority of collecting debt for their clients then they are considered a "collection agency" and require special licensure- which Sutter, Hammer and White don't seem to have under WA business lic search. I don't know if that's my loophole? I wanted to go for arbitration just to buy time, but am afraid that will end up costing me a bunch more for the fees. I was injured and lost my ability to earn virtually overnight. Its been 2 years. I paid my debts for one year then I just havent been able to keep it going for the last one. I had surgery a few weeks ago and all the sob story later- I believed I just need to buy time and maybe pay them off with the settlement from my lawsuit (injury) But that is taking longer than I thought. All the advice i get is to hire an attorney- If I could afford an attorney, ID just pay the debt. I have no money at this time to negotiate with. Id file Bankruptcy but I cant because of the lawsuit. Any advice.. Everyone seems so knowledgeable. I love the way you guys help. I hope one of you will see this and help me. I want to respond to the summons it says to do so in writing within 20 days. I thought I would say I had requested arbitration... and was waiting for a response to that. ? Can anyone offer any guidance what do I do next?
  6. First let me start by saying I haven't even gone 30 days late as of yet but I am massivly concerned on what might happen. First and foremost I had a chapter 7 bk that was done in April 2014. I have since built my credit up and have been slowly racking up my cards. I currently owe Capital One $60,000, Barclays 20,000, Discover 4,000, and lending club 24,000. One month ago I had a massive seizure and was diagnosed with a brain tumor. I have lost my job and can barely work 10-15 hours a week from my doctors note. I have all medical records. Now I currently have 0 assets other than a 16,000 car I bought on loan and the value is lower then it's worth. I am deathly afraid they are gonna bring a ****storm down upon me. Especially Capitol one. I live in Ramsey county, Minnesota. I have no idea if I should call the companies and explain my situation so it can be documented that I tried and didn't walk away blindly. I am pretty sure they are going to say sorry you owe us. I am currently on medical assistance and food stamps because of this situation. I think I am exempt from garnishment. I know I am jumping the gun, could be years before anything happened, but I want to know somewhat what to do? Or what's gonna happen? Any words of advice would be good. I am assuming I am gonna need an attorney at minimum. I have also heard that because the large amounts they can possible file something to block me filing bk in 8 years from now? Is that possible? Would they do that?
  7. 1. Who is suing you? Glasser & Glasser is the attorney suing me 2. For how much? $9,056 costs of 56 3. Who is the original creditor? Discover 4. How do you know you are being sued? recvd Warrant in Debt 5. How were you served? Were you served? Rec'd in mail, never served on door or in person 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not recall any prior communication other than the warrant in debt 7. Where do you live? Virginia Beach VA 8. When is the last time you paid on this account? Experian shows June 2015 was last "OK" payment. Written off in Jan 2016 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). I have court 6/22/16 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 must appear or judgement may be entered no indication if response in writing is required Charge is non-payment of an open account 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Discover credit card statement 14. What is the SOL on the debt? 3 years in Virginia I have sent a settlement letter to Glasser & Glasser about 2 weeks ago, but have not heard from them. I'm hoping they will accept payments or would be willing to settle this outside of court. I'm so lost as to what to do. Can offer $400 a month payment. Should I call them and work something out, or show up to court and set up payment plans, or fight it? Please help
  8. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed in district court, case number provided on summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. How long do you have to respond to the suit? (This should be in your paperwork). 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? 20 days (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
  9. What do we do now?? My wife is being sued and I just got the summons a few days ago, but they filed in April 2015, because we moved to a new address and just received our old mail, which included this summons. So we have done nothing and the summons date is listed for June 24th 2015 which is 3 weeks away. Any help or advice will be greatly welcomed! 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) GLASSER AND GLASSER, P.L.C - NORFOLK VIRGINIA 3. How much are you being sued for? 2,053.95 AND $56 IN FEES$ 4. Who is the original creditor? (if not the Plaintiff) DISCOVER 5. How do you know you are being sued? (You were served, right?) RECEIVED SUMMONS FROM OLD ADDRESS WEEKS AFTER IT HAPPENED. 6. How were you served? (Mail, In person, Notice on door) MAIL - FORWARD TO NEW ADDRESS 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? US Mail 9. What state and county do you live in? Virginia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2014 11. What is the SOL on the debt? To find out: 2017 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Note sure, I have searched by have not located it. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). 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? Does not say, it only says to dispute this claim show up on date listed, which is June 24th 2015 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1 Statement for January 2015.
  10. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They were represented by Krista L. White and Associates in Snohomish County, WA. Though I was served papers, I was ignorant to the process and didn't attend the hearing. In 2010, they totally cleaned out our main bank account of nearly $1000 which I believe is illegal. I don't think they can take everything out of your bank account. Then, last year they tried to garnish my wages, which they did for a month, before my employer figured out the can't garnish wages for independant contractors. Now, they've put a judgment lien on a rental property that I own and would like to refinance. The lender won't refinance the property with the lien on it. I would also like to buy a home in the next couple years, and I don't think I'll be able to with the judgment. A couple months ago, I received a letter from Suttell, Hammer, & White in Bellevue, WA saying that Discover Bank has now retained their firm to collect the debt owed. So, is Discover Card still involved or do the attorneys now call all the shots? My question is, would Suttell, Hammer, and White ever consider a settlement offer in a case like this or will they always hold out for the full amount? I also have MCM coming after me for a $22,500 Juniper credit card debt where they're offering me 70% off if I pay that amount right away. Just from reading the forums, I don't think I'll go for that at this point. Thank you in advance.
  11. I have question regarding the discover, so I recently received Interrogatories, Request of Admission, and Request of documents with a package that included Affidavit of debt, affidavit of sale/transfer, credit card agreement , bank statements and etc. How would I answer Interrogatories and Request of Admission when they are providing documents that support their request? Can I still Object and Deny despite there “evidence/exhibits”? Please help in preparing answers J I have question regarding the discover, so I recently received Interrogatories, Request of Admission, and Request of documents with a package that included Affidavit of debt, affidavit of sale/transfer, credit card agreement , bank statements and etc. How would I answer Interrogatories and Request of Admission when they are providing documents that support their request? Can I still Object and Deny despite there “evidence/exhibits”? Form Interrogatories 102.1 State Your name, any other names by which you have been known, and your ADDRESS 102.4 Sate each residence ADDRESS for the last five years and the dates you lived at each ADDRESS 115.2 Sate in detail the facts upon which you base your contention that you are not responsible, in whole or in part for plaintiff’s damages Request of Admission Request No 1 GCFS is, and was at all times material to subject matter of this lawsuit, a corporation qualified to do business in California Request No 2 GCFS is, and was at all times material to the subject matter lawsuit, the owner of hlder of all rights, title, and interest in the ACCOUNT Request No 3 GCFS is the successor-in interest of the BANK Request No 4 The Agreement contains the terms and conditions that govern the ACCOUNT. Request No 5 The AGREEMENT contains a provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT. Request No 6 BANK issued YOU the CREDIT CARD Request No 7 YOU used the Credit Card to Purchase goods and/or services, including balance transfer, cash advances, and overdraft advances, on the ACCOUNT. Request No 8 YOU E-Signed the Agreement by using the CREDIT CARD. Request No 9 On or about 2/29/2012, YOU breached the AGREEMENT Request No 10 The BANK preformed all obligations to YOU pursuant to the terms of the AREEMENT, except those obligations which they excused from preforming. Request No 11 YOU made your last payment on or about 7-7-11 Request No 12 BANK suffered damages caused by YOUR branch of the AGREEMENT in the sum of $10,561.47 Request No 13 The AGREEMENT allowed BANK to charge at least 10.00 percent interest per annum on damages caused by breach. Request No 14 YOU became indebted to BANK within the last four years. Request No 15 An account was stated in writing between the BANK and YOU. Request No 16 It was agreed that YOU were indebted to the BANK in the sum of $10,561.47 Request No 17 You have no valid affirmative defense to the causes of action in PLAINTIFF’S complaint. Request of documents All Corresponded sent by defendant regarding Wells Fargo Bank N.A Card services visa credit card account number xxxx-xxxx-xxxx-0887 All Documents correspondence, including billing statements, Defendant received regarding the above-stead credit card account. All Documents showing that Defendant is not indebted to Plaintiff in the sum of $10,xxx.xx (pulse interest) or in any sum at all Copies of any all documents support or evidence all affirmative defenses that Defendant intends to raise against plaintiffs complaint.
  12. I have started a new topic with a new title as I am in a new part of the process. As those who have seen my other thread may remember, I am being sued in Virginia by Discover Card for about $3,000.00. The plaintiff's counsel has submitted their Bill of Particulars, and I have submitted my Grounds of Defense. The trial is in just over one month. So far, I have not heard anything from anyone after submitting my Grounds of Defense, so I am looking for advice on the next steps. The plaintiff's affidavit (and the lawsuit itself) has a significant error in it (not just a simple typo or something like that), so my main plan is to discredit the affiant based on that, and therefore send the affidavit and the credit card statements on their way. I'm not sure if I should post the details of what the error is in case there are any "unwelcome eyes" reading this board. My main question is at what point I should attack the affidavit/affiant? Should I file a motion to dismiss the affidavit/plaintiff's exhibits ASAP, or should I wait until trial? I don't want to give them a chance to correct anything, but I also want to make sure I get a chance to get the material dismissed. I don't recall seeing anything about this in the rules of civil procedure for Virginia that I have read so far. I did find a couple of resources that perhaps someone who is more familiar with legal procedures can point out to me the relevant sections of: http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+TOC08001000014000000000000 http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf Thank you to everyone in advance for your help!
  13. EDIT: Original creditor is Discover Card; amount I allegedly owe is $3,000.00 I have recently been served a "Warrant in Debt" in the state of Virginia. I have read about it so I know in generally what it is, but I am in need a lot of help with the step by step specifics of how to proceed. I have very little legal experience (besides some minor success in traffic court), but I am good at following directions. As the title indicates, I am being sued by the original creditor, with a "return date" in about 10 days. I first would like to understand what to expect when I appear on the return date, and what documents (if any) to prepare and bring with me, or to submit to the court beforehand. On the Warrant in Debt, the box is marked next to "To dispute this claim, you must appear on the return date for the judge to set another date for trial". There is also other text that states "Contested cases will be heard on return date unless affidavit attached and the plaintiff's attorney requests continuance". Perhaps I am confused, but these statements seem to contradict each other, as the first seems to state that a future date will be set for trial, and the second seems to state that the case will be tried on the "return date". The spaces are blank next to "Bill of Particulars" and "Grounds of Defense". Attached to the Warrant in Debt were the following items: -Servicemembers Civil Relief Act status report -An Affidavit from someone who claims to be an employee of the OC -A copy of a credit card statement I read in the following post http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ about certain questions that I am supposed to answer when I post a topic; I also read in another post (http://www.creditinfocenter.com/community/topic/285059-dont-post-personal-information/) that I am not supposed to answer a number of the same questions, so if someone can help me out, I will update my post with that info. Your assistance is appreciated. Between this and spending time trying to make money to scrape by with my basic needs, I feel like I'm drowning, but I'm not going to give up.
  14. Hi all, I posted another thread a couple days ago asking for lawyers in town. I get some great tips and I will consult the recommended lawyers in a few days, but I would like to do some homework first. Quick summary: It is my wife's Discover card, opend in 2009 and went default in early 2012. Amount is ~8000. The plaintiff's attorneys are Bishop, White, et all., of Seattle. We are in Oregon. Highlighted Events: 1. On July 2012, received a letter from Discover stating "Attorney Placement Pending". They wanted us to contact by Aug 31. 2. Within 2 weeks I sent Discover the following letter via CMRRR. Received the receipt a week later. ------------- x --------------------- x ------------------- My wife's name Address Discover Address Re: Account # This letter is being sent to you in response to a "Attorney Placement Pending" letter sent to me on July XX, 2012. I dispute this debt. As listed in the Card Member Agreement, I elect the arbitration with JAMS. I also request that you advance my JAMS fees directly to JAMS, per the Agreement. I would also like to request, in writing, that no telephone contact be made by your offices to my home or the homes or places of employments of my family as it is very inconvenient. Signed My wife's name ------------- x --------------------- x ------------------- 3. Never heard from Discover again 4. Sep 2012, first letter from Bishop et all. arrived, stating "Unless you dispute the validity...". Standard collection letter. 5. Sep 2012, about a week later, second letter from Bishop et all. Stating "Please call us..." 6. Within 2 weeks, sent DV letter to Bishop et all. via CMRRR. Received receipt in a week. 7. Never heard from them again. 8. A few days ago (Apr 2013), served by complaint filed by Bishop et all. Questions - Did we do anything wrong in our arbitration election letter to Discover? - Did they validate anything, as we did elect it but they went ahead and sued us? - Can this law firm ignore DV letter? Other Miscellaneous Note - I pulled my wife's credit report. Only Discover is listed, but is charged off. - Even after the letters from 1, 4, and 5 above, Discover sent her statement until Jan 2013. Thank you so much for your answers in advance. You didn't have to help but decided to do it anyways. I cannot thank you all enough. Sincerely, suite800
  15. 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!