kimber6337 Posted January 13, 2005 Report Share Posted January 13, 2005 Will Discover really sue over 4000ish$ ???? Atty schreiver and associates. You know the drill - "You have until the end of the month" blah blah blah...But then again this IS discover.~kimber Link to comment Share on other sites More sharing options...
ViktorVaughn Posted January 13, 2005 Report Share Posted January 13, 2005 if the balance is over $1500, its highly probable.for $4000, i would be suprised if they DIDN'T sue.then again, it's all up to the OC. some pursue legal, some don't. around the area where i live (NW Florida), it's about 50/50. Link to comment Share on other sites More sharing options...
c m chase Posted January 13, 2005 Report Share Posted January 13, 2005 Discover sues a lot, yes. Be prepared for it...read up all you can about answering a summons.Did you get a letter from the attorney or from Discover telling you about the attorney? If it's from the attorney, what did the letter say exactly? If they're trying to collect (acting as a debt collector) they have to abide by the same laws as any other collector. Link to comment Share on other sites More sharing options...
SCinPA Posted January 14, 2005 Report Share Posted January 14, 2005 YES they will sue you. I've been there!They sued me for $4200. I had to go to court, I was served with a summons, etc.. The good news though is that I expected Discover's lawyer to be tough on me, but he wasn't. He said "Pay what you can, when you can." and that was the end of it. It was kind of a waste of time to be quite honest! Link to comment Share on other sites More sharing options...
LadynRed Posted January 14, 2005 Report Share Posted January 14, 2005 Discover is definitely known to sue and for a LOT less than $4,000 ! I've seen posts where Discover sued for less than $1000 -- they are nasty and very aggressive. Link to comment Share on other sites More sharing options...
DocDon Posted January 14, 2005 Report Share Posted January 14, 2005 Discover is definitely known to sue and for a LOT less than $4,000 ! I've seen posts where Discover sued for less than $1000 -- they are nasty and very aggressive.But they look so friendly on the commercials.... Link to comment Share on other sites More sharing options...
gdouglaslee Posted January 14, 2005 Report Share Posted January 14, 2005 Discover has one in Clermont County, Ohio for $800 something and another in Hamilton County for just over $600. Link to comment Share on other sites More sharing options...
mmmmaybe Posted January 14, 2005 Report Share Posted January 14, 2005 How long does it usually take for Discover to get around to suing? My wife has a account with a balance of $15k+ that has been sent to collections. It has been a year since a payment was made. Link to comment Share on other sites More sharing options...
welch Posted January 14, 2005 Report Share Posted January 14, 2005 Once, upon a time a close friend owed over $5,500 to discover and $18,000 to chase. Neither sued although it took a while to have them removed and thank god the SOL ran out last month. In recent years it is more realistic for them to sue than hire a CA if the amount if high. Discover sends me and my wife offeres for credit monthly. But when I reply the deny me credit, I must be flagged due to the past. Link to comment Share on other sites More sharing options...
LadynRed Posted January 14, 2005 Report Share Posted January 14, 2005 Discover doesn't wait long.. some people are sued not long after charge-off. A few have NEVER been sued and owed high balances. The scales are likely to tip in favor of a lawsuit if you own property. Link to comment Share on other sites More sharing options...
kimber6337 Posted January 15, 2005 Author Report Share Posted January 15, 2005 Yep, figured there weren't consistent. I've heard of all levels of balances before they sue too, just wanted to make sure.I don't know if a letter has went out nothing certified for sure, but they said it was a paralegal from the firm making a courtesy call. Our friend did have enough sense to ask if the debt was purchased or assigned and it appears to have been assigned.I googled the attorney and didn't specifically find their office online but did find reference to them about being a collector. DOL was June 03 too, already looked at that avenue.Has anyone seen Discover do settlements? That was my first recommendation for her to offer a settlement since she admitted ownership of the debt on the phone and basically sung like a canary LMAO.~k Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 16, 2005 Report Share Posted January 16, 2005 Will Discover really sue over 4000ish$ ???? Atty schreiver and associates. You know the drill - "You have until the end of the month" blah blah blah...But then again this IS discover.~kimberThe blah blah part, might just be your saving grace. What EXACTLY did the letter say?If the attorney is engaged in debt collection, they have to obide by the FDCPA as well. If they are demanding payment NOW, and did not include the validation rights notice, they could very well be in violation of FDCPA. Additionally, Once you receive the collection letter, your validation rights period starts 5-days after you received the letter if the notice was not included in the letter. If the attorney is demanding payment within 30 days from this date, they are again violating the FDCPA. Link to comment Share on other sites More sharing options...
kimber6337 Posted January 16, 2005 Author Report Share Posted January 16, 2005 this wasn't a letter, only a courtesty call and no demand of payment was made. I also asked if they gave the speach, "this is an attempt to collect a debt" and they did not.I am working up a validation letter. But what I was leary about is they said they were authorized to practice law in all states, but I could not find them on the states website for being a debt collector (have to pay a bond in our state to collect debt) and I could not find them liscensed to practice law. I'm calling the secretary of state Tuesday to confirm this.In the meantime yes we are validating, dont know what good it will do since my friend sung like a canary on the phone that she owned it et al... Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 17, 2005 Report Share Posted January 17, 2005 In the meantime yes we are validating, dont know what good it will do since my friend sung like a canary on the phone that she owned it et al...Remember, the validity of the underlying debt does not releive the debt collector's responsibility to follow the FDCPA/FCRA. Link to comment Share on other sites More sharing options...
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