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Just got a summons

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Yeah, that was my first thought, too so I rummaged through all of my old statements and it turns out that the last time I paid them was may 2000 and the SOL in California is 4 years so they've got a good year to go. I want to pay them. I was just now sitting at my computer trying to figure out how to go about settling with them.

Actually, I just called Discover and they gave me the number of the law firm/collection agency who's handling it and the business office is closed (I didn't leave a message.) It's almost 6:00 so I'm not surprised.

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I heard that if you get a court summons, you can request a

validation. (I read that they can't sue you if they can't validate

the debt when you ask them to.) Can I still do that if Ive

already paid these guys money? (several months ago.) Or by

paying them, did I acknowlege the debt? I intend to pay this

debt off but I was planning on waiting until I had the cash in

my pocket to do it (but I don't mind making payment

arrangements if they agree not to sue me.)

Also, if I get a hold of these goons - I mean guys, and I offer a

settlement, and they accept it, and they agree to drop the

lawsuit and I get it in writing, do I still need to respond to the

summons? (Discover wouldn't even talk to me and gave me

the number of the lawfirm and told me to deal with them.)

And how much should I offer as a settlement (I owe a little

over $4000 but I'm sure most of that is late fees, over the limit

fees, interest and what have you.) Do you think they'd take

1300 bucks? (I could probably round that up in a couple of


Sorry about the length, but I'm really confused and I could

really use some help from those of you with more experience.

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  • 2 weeks later...

Hey, I was in the same situation. Here's what I would do I knew

then what I know now

1) Contact he Local Bar association in your area. They charge

$25-30 bucks and they will put you in contact with a lawyer.

You need a "Consumer law Attorney" specilizing in credit card issues, they are the only ones

who are familiar with your type of situation.

Your want to ask the following

1) How to request validation

2) How to offer a settlement, try to settle for a small amout.

3) How to answer the judgement.

4) How to develepe a commuincation history between you and

the lawyer.

5) How to present yourself in court and present your

6) Have them document how they came up with those fees.


6) ...I'm not sure, but you need to have some defense, then

try to settle before the proceding start, if you get into legal discourse with the lawyer, you are probably going loose. You

can't compete agains a lawyer.

2) If they can't validate remember that they don't have a contract. To have a contract you have to have OFFER, ACCEPTANCE AND MEETING OF THE MINDS ( 3 Conditions). If they can't validate and they ask if you used the card, that still might not have a case against you because its illegal to pin a contract on you (Staute of Frauds). Your defense might be something like you sent me a card, I used it but even if I used

several times,it doesn't mean I agreed to the terms. (It would be as if some one parked a new car in front of your house with the keys, and your drove it for a few months, then they sent you a bill and now they try to pin a contract on you). I would check with a lawyer.

Spending the $30- 50 bucks for an attorney via state bar in your area is worth it!

Good luck.

let me know how you do.


... I'm in the same situation, but after the lawsuit. My SOL

has run out but I'm trying to reopen the case!

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That is the way Discover Bank operates, they just sue sometimes immediately after chargeoff. Discover maintains relationships with law firms all over the country and supposedly much of the work is on contingency. The lawyers usually tack on 20% or more in fees plus accrued interest. Answer the Summons and cite lack of validation as an argument. They can and will obtain validation because Discover already expects the request. Most often defendants are contacted prior to court proceedings to settle.

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