quepasoksl Posted November 27, 2004 Report Share Posted November 27, 2004 So my g/f is being sued by CA for debt from Discover. I helped her to file her answer and request for production of documents. Yesterday she received a letter from Discover stating that unless they receive an order from the court stating otherwise that they will produce the documents for the CA. OK????? That's nice. Why are they sending her the letter??? Why wouldn't they just produce the documents as requested by the subpoena??? Is there a way for her to keep them from producing them?? I don't think so!!! This is a new one for me. When I dealt with a CA that filed a lawsuit against me they didn't try and get the documents from the original creditor. She does not work. She receives disability which is exempt from garnishment. She has no assets. I had her file an affidavit stating it wasn't her debt and that she didn't work etc. etc. She is pretty much 'judgment proof'. They might get the judgment, but collecting it will probably never happen!Any ideas suggestions??? Thanks in advance Link to comment Share on other sites More sharing options...
ghacorp Posted November 27, 2004 Report Share Posted November 27, 2004 The idea is to go after a judgment in the hopes there eventually will be assets from which to recover from. If there are no assets now, consider a bankruptcy filing. Discover Bank sues virtually everyone who owes them money and to them it's all a numbers game! Link to comment Share on other sites More sharing options...
quepasoksl Posted November 28, 2004 Author Report Share Posted November 28, 2004 I know Discover sues alot as the OC, but this is actually thru a CA and they purchased the debt from Discover(not acting as assignee). Why send her the letter stating that they are going to comply to the subpoena??? There isn't any way that I know of to prevent them from actually providing the documents, that IS the key to proving the debt is hers. Thanks again Link to comment Share on other sites More sharing options...
Leadhead Posted November 29, 2004 Report Share Posted November 29, 2004 If the CA purchased the alleged debt, then Discover is out of the loop.Sounds like the CA asked Discover to send your G/F the letter. I'd bet the house Discover doesn't have any documentation to give the CA. If they did, the would. Link to comment Share on other sites More sharing options...
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