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Discover Bk atty on Warpath thru county court -HELP!


wisdomkey
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Brand new to this forum and need help NOW!

We went through cr card (6) discharge process and it is my understanding all are complete. June 2003, NOTICE OF CONDITIONAL ACCEPTANCE (PRIVATE MATTER - NOT A PUBLIC COMMUNICATION) and AFFIDAVIT (In support of Conditional Acceptance) sent to all by certified mail. 3 of them using 3rd party (I believe) trying to collect as if still OC. 3 of them rconcede, but report to CRA 'Bad debt charge-off' and the amount. I will address 3 these later.

Re: Discover - Telephone calls and letters followed. Also, the attorney's office called from Denver, Colo. many times, sometimes without identifying themselves as such. Finally, I told the guy our business with Discover Card was none of his business and to stop calling.

Discover Bank atty file complaint w/ county court to answer in 20 days from service. Served by someone wearing clip-on badge 'Sheriff's Office' on Saturday, Jan 24, '04. I did not know I didn't have to accept or sign for it because it was for my spouse who was not home. Rec'd bad advice from someone at entity performing discharge service to not answer. My guess is this was a strategy to provoke a judgment which it did and was filed with the county court. That way we could submit 'Petition to Vacate a Void Judgment' (lack of due process)'. April 8, 2004 a Transcript of Judgement ('TJ' for type of instrument) was recorded with Larimer County district court without our knowledge, though the court says in its latest correspondence judgement was entered March 1, 2004.

The chain of events from April 22 - atty filed subpeona w/ $4 check attached as 'witness fee' for spouse to depose and appear before clerk of court with documentation of every asset anyone could ever own. Magistrate signed it May 5 and process server delivered 8:30 pm June 1 for date set June 8. No one had to sign for this one. My spouse's dad died next night.

June 4 we hand-delivered 'Petition to Vacate a Void Judgment' and sent copy to atty along w/ $4 ck stating spouse did not wish to contract w/ his firm. Also indicated in letter, w/o details, we would be occupied w/ final matters due to death in family. When presenting 'Petition', clerk at desk looked on calendar and the deposition was NOT on calendar! According to the clerk, it was allowed, though not scheduled! Also, atty sent us a letter with copy of his response to court 'praying' denial. He included 10 pages of case law, don't know what about. I thought the 'Petition' might be defective because it refers to Arizona Rules of Civil Procedure and not Colorado.

When we returned 1 month later, atty's letter was in mail and court denial followed a day later.

The first correspondence, the complaint, was served 7 days before the account was discharged. We now know this because we called Discover Card. Upon entering the account number, the recording directs the caller to the attorney's phone number, and if there are further questions after calling atty, then speak to representative. We bypassed that prompt and spouse asked (while I listened in) "What is the status of this account? Is it discharged?

Rep: What do you mean?

Spouse: Has it been charged-off?

Rep: Yes, it was discharged to one of our local attorneys there.

Charles: What is the date of the charge-off?

Rep: January 31, 2004.

(Please note the first 'Complaint' showed up at our door January 24, 2004 w/ 20 days to answer and with no case number on it until it turned into a subpeona for deposition. If it was discharged to the attorney on January 31, then why is he presenting a complaint January 24? Is he possibly representing himself to act on Discover Bank's behalf when he could actually be trying to collect for himself? I'm not sure how he is involved, but I read a case about an attorney who violated FDCPA rules by misrepresenting his role in the debt collection process: http://www.bankersonline.com/lending/mbg_fdcpacase.html

I am told that in the last 2 weeks a process server has come to the door 4 times, once while we were away. I have spent many hours researching this subject and have gained a lot a knowledge, but no definitive answer on how to deal w/ this situation. I want to submit something in defense before their's gets to us. I don't know for sure, but I get the impression this would be easier and we'd be in a better position if we had answered that complaint. I did call the clerk of court a few days ago (before process server came Friday eve & Sat a.m.) to ascertain status of the judgment. She said she saw nothing pending on calendar and the response to our 'Petition to Vacate Void Judgment' was displayed in bits and pieces - she couldn't make it out. Something's pending if process server is so desperate to make contact.

What is best for us to do w/ a judgment and subpeona sitting out there? Must act now! Also, want to deal w/ the other 2 cr card cos. calling and writing to collect b4 they get this far. Thank you in advance for helpful responses!

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I'm confused..

Did you file a BK or just let the cards charge off?

I may sound silly but I can't understand by the post if it was BK or just letting the cards charge off.

Sorry to sound stupid.

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No BK, just charge-offs by presenting Notice of Conditional Acceptance and Affidavit (To Support Notice of Conditional Acceptance). These documents are notarized asking for certified copies of original unaltered Account agreement and any associated allonge(s) or amendments to the Account agreement. Also, requests a long, 15-item list of other disclosures pursuant to UCC citations and other corresponding statutes. The Affidavit supports that none of the items requested were ever received by my spouse.

They were sent to the CEO of Morgan Stanley at the time (June 2003). Discover has only responded by continuing to collect and having attorney pursue this through county district court. It's highly likely their local attorney is unaware of these presentments. I'm wondering if we could use them in our defense at this stage of the 'GAME' since there's a judgment out there. 3 of the 6 CC cos. responded by placing 'Bad debt, charge-off' on CR. That's not what they're supposed to do. It should reflect $0.00 balance. and it's not a bad debt, charge-off because they, too, have not provided proper disclosures. 2 others, AMEX & Wells Fargo still trying to collect w/ letters and calls. I believe these are all 3rd parties using AMEX and Wells F stationery. In fact, AMEX has been fishing around because one of their mailings was addressed to my spouse AND included the name of the builder of this house from 4 years ago. AMEX collector threatened on answering machine to execute garnishment/lien procedure. Their latest mail correspondence made an offer to reinstate the account if they received payment in full. They want to keep my spouse in good standing. Now, isn't THAT special?!

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I'm sorry, but this 'method' you're using is a SCAM, pure bullcrap and Discover has called you on it !! By not answering the summons, you got a default judgment against you. Now it seems you've been served to appear at a debtor's examination and if you or your DH do NOT got to that deposition, you will be in contempt of court and he could very well be arrested. Discover's attorney will file a Motion to Compel to FORCE him to appear for the debtor's exam and answer the questions. If he ignores that he WILL be arrested and could spend a night behind bars.

Get off your SCAM wagon and pay attention to the LEGAL ramifications of what is going on. Exemptions will likely protect most, if not all, of your assets. You got VERY bad advice in not answering the summons and your DH is likely to end up in jail if he keeps sending 'I won't work with you' letters, its not a CHOICE any more, its gone too far.

I'm not at all surprised the motion to vacate the judgment was rejected, you had NO LEGAL GROUNDS to have it vacated. Challenging service of process is not as easy as some make it sound and from what you've written here, service WAS proper.

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i agree i did extensive research and had 30 year vetran attorney exemine it and interpede the law on that process that you are trying to do. you are going to end up in jail.

The people that it worked for if any got lucky somebody was not on top of there game at the banks, but this process is lethal and i have never heard of anyone actually winning in court for stuff like that! i gone to many siminars and it sound good and the law that the quote is good, but misinterpretated !

be careful of this process and if you don't know the laws to a tee you can forget it in a court of law .

If you did not file a bankruptcy you are in trouble and i sugguest you look for a criminal attorney fast.

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There is no magic bullet. Debts do not dissolve merely by a creditor's failure to accede to a long list of demands. Those that advocate ridiculous "cure-all" letters should be held responsible for their irresponsible actions. While they purport to be pro-consumer, their suggested tactics many times leave consumers in worse shape than they were before following the advice.

You should locate a consumer protection attorney immediately. While there are certainly some cases that consumers can handle pro se, from what you have described, you need a lawyer.

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