Sign in to follow this  
krelza

Discover card & lawsuit

Recommended Posts

Being sued by Atlantic Credit that bought old Discover account.

Requested full validation from their Attorney and also requested when & how much they paid for Discover account. Attorney will not supply the contract or the amount unless ordered by the court. Also, their Attorney wrote me asking if I would give him 60 days to validate, it seems he was notified that the court date is going to be June 24th. Attorney had already written me asking if something could be worked out, I did not respond.

How much time should I give him to validate? 10 days? I do not want to cut off my nose to spite my face. Is it written in law any set amount of time to allow for validation? What would you do if in my shoes? I need some guidance.

Let me also say that I requested the lawsuit be dismissed because of SOL, DOLA was 4/2001. Suit received in mail on 5/5/04. This was totally ignored. I"m thinking of still going with the SOL defense. Any thoughts on this? Thanks for your help.

Share this post


Link to post
Share on other sites
Being sued by Atlantic Credit that bought old Discover account.

Requested full validation from their Attorney and also requested when & how much they paid for Discover account. Attorney will not supply the contract or the amount unless ordered by the court.

You can tell him from me that he is a liar. You can ask for the amount using interrogatories and get the entire contract through a request for production. It is neither privileged nor proprietary information. He doesn't want you to know because the court may award actual damages only (meaning you reimburse them the $64.00 they paid for the debt and that's the end of it).

Also, their Attorney wrote me asking if I would give him 60 days to validate, NO. Absolutely not and you are not required. They should have had the documents before going to trial. That's a possible ethics violation.

it seems he was notified that the court date is going to be June 24th. He has already been proven twice to be a liar. Do not believe anything he says unless you really, really want a judgment against you. The acutal court date is probably the 21st. He'll show up on the 21st and get default judgment against you and you'll show up on the 24th looking like an idiot (and yes they actually do this). Call, go-online or visit the court to find info about your court dates.

Attorney had already written me asking if something could be worked out, I did not respond. Ignore it.

How much time should I give him to validate? 10 days? I do not want to cut off my nose to spite my face. Is it written in law any set amount of time to allow for validation? What would you do if in my shoes? I need some guidance. There is no time limit. He is lying to you and stalling to get a quick and easy judgment. Proceed with the court dates as normal.

Let me also say that I requested the lawsuit be dismissed because of SOL, DOLA was 4/2001. Suit received in mail on 5/5/04. This was totally ignored. I"m thinking of still going with the SOL defense. Any thoughts on this? Thanks for your help. Exactly how did you do that. If you want to use the SOL defense you must include it as both an Affirmative Defense and an Absolute Defense with your Answers and your Answers must be filed timely. If you have already file your answers, you must file a Motion for Leave to Amend Answers and amend your answers to include the SOL defense.

You should fire off a set of interrogatories, requests for production and requests for admission as soon as possible.

Do not trust the attorney. He is out to win anyway he can even if it means lying and cheating

Share this post


Link to post
Share on other sites

Just to add to DouglassLee's commentary, the Plaintiff actually filed suit long before the SOL expired. It could take up to six months to get served.

Share this post


Link to post
Share on other sites

Thanks for the replies.

I will follow through with the request for production. Seeing how today is the 18th and the court date is the 24th should I still proceed with going to court on the 24th or give him say...10 days to produce? I do not want to go into court and the Judge say to me...Well, you asked for additional info but you didn't give time for it to be produced so therefore you are SOL.

The Attorney has already told me that it is gonna take several weeks to get the info but I do not want to help him out in any way or make it easier for him. If I go to court on the 24th do I just tell the Judge that all documentation has not been produced so therefore the case should be dismissed? The Attorney sent a partial validation..pure tackiness on his part. He must have thought that I was inept and would take what he sent so I requested full validation...I want it all. If someone will continue to guide me I will follow through. I need lots of help with this one.

Continued thanks for your help.

Share this post


Link to post
Share on other sites

Requested full validation from their Attorney and also requested when & how much they paid for Discover account. Attorney will not supply the contract or the amount unless ordered by the court. Also, their Attorney wrote me asking if I would give him 60 days to validate, it seems he was notified that the court date is going to be June 24th. Attorney had already written me asking if something could be worked out, I did not respond.

You can file a discovery request, which is your right under the law. Basically, this means they have to disclose to you all documentation, and list of witnesses if any, that they plan on presenting at court before the court date.

How much time should I give him to validate? 10 days? I do not want to cut off my nose to spite my face. Is it written in law any set amount of time to allow for validation? What would you do if in my shoes? I need some guidance.

There is no time set out by the FDCPA for debt validation. However it says that if you request validation and a CA can't provide it, they can't proceed with collection activities.

Let me also say that I requested the lawsuit be dismissed because of SOL, DOLA was 4/2001. Suit received in mail on 5/5/04. This was totally ignored. I"m thinking of still going with the SOL defense. Any thoughts on this? Thanks for your help.

How did you request dismissal?

Share this post


Link to post
Share on other sites

Push then for a discovery request and if they do send you statements, applications etc., scrutinize hem very closely. They sued me on a bogus account and sent me statements that had my current address on each and every one of them, all of which were dated 6 months before I moved here and back several years. They must have been clairvoyant sicne I had no idea I would move here then.

Share this post


Link to post
Share on other sites

When I requested to have the case dismissed I simply put in my answer that the SOL had ran and gave a copy from my credit report showing the date of last activity.

I called and talked to the court clerk today and I found out that a date has not been set for a trial so that lawyer is lying, the clerk told me that there is nothing set for me on June 24th. Got another letter from the attorney today wanting more time from the court because he will be out of town for a week...vacation I suppose. I hope that the Judge laughs at him and wants to know how he decided his own court date. This lawyer has proven himself to be a liar so I do not want to help him in any way. I will proceed with asking for request for production. Please continue to direct me...I thank you all very much.

Share this post


Link to post
Share on other sites

Well, do not count on the judge understanding anything, you must prove SOL. It is likely that you are only dealing with the lawyer's min. wage lackey so quote some laws to them and remind them that your lawyer is licking his or her lips waiting to file a case against them.

My case was dismissed, but the court left open a crack in the door for them to come back, but the numb skull CA will not get the phone down when a case is filed in district court. I am collecting documents now to do just than in time. Remember, when you file a case that makes you plaintiff and the burden of proof falls on you.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this