Kymbaland Posted February 9, 2005 Report Share Posted February 9, 2005 I am being sued by Discover for an account I opened in college 6 years ago. I have started receiving letters from lawyers in GA stating that a lawsuit has been filed against me in the Dekalb courts (I live in GA). I looked it up on the Dekalb website so I know it's true. I recall getting a letter from a lawyer, but I was in the process of moving at the time and put it somewhere and now can't find it. The lawsuit was filed Feb. 3 and I haven't been served yet, as I moved from the previous address in a bit of a hurry (my apartments were sold... blah blah blah long story). Regardless, on my credit report it says that the highest balance was $1978 and was last used in 2001. If I could pay 50% of that in three months, I would totally do it. But what should I do now that a lawsuit has been filed? I don't want to call discover or the lawyer, but I would like to work something out with them if it would prevent me from being sued. Or is it too late since it's already filed? I sent a D&V letter today via CMRR, but think it's too late bc they've filed. Any help would be greatly appreciated. Thanks. Link to comment Share on other sites More sharing options...
c m chase Posted February 9, 2005 Report Share Posted February 9, 2005 The filing doesn't prevent you from DVing or settling. They can always dismiss their case either way. ONce you get served, you need to file an answer. Read up in the lawyer section to find examples of that. Link to comment Share on other sites More sharing options...
OHMom Posted February 9, 2005 Report Share Posted February 9, 2005 I was served papers in a suit with Discover Card also. The debt was charged off and then Weltman, Weinberg and Reis, collection agency filed suit. I called Discover, per an attorney's advice, and they would not discuss anything with me and that I would need to talk to the attorney with the account. I had requested Discovery of documents from the CA, through the court, which WWR failed to provide in the 30 day timeline. We went to a pre-trial with NO Judge only me and the attorney from WWR. The attorney for WWR gave me the discovery documents at pre-trail. There was a stack one inch thick for me to review. The statements reflected charges as well as paying the balance off in full several times. I offered to pay $1000 and the WWR attorney said he would check with his client, but felt they would agree since they would be unable to collect on any judgement even if they won. He would not provide this in writing at the pre-trail and said it would be provided later after discussion with his client. The attorney called back 2 weeks later wanting more than the $1,000. He said they would only settle for 50% of the PRINCIPAL. Once home, I reviewed the copies of the statements. The statements reflected charges and complete pay offs at various times. The statements showed that late fees, over limit fees and any other fees were being compiled under principal instead of fees or a finance charge. The attorney for WWR is trying to collect 50% off of the charge off amount which is mainly interest and fees. I am going to go to court to pursue now because I also have FDCPA violations that I am going to file as a counter claim. Since Discover is willing to accept a 50% payoff of the PRINCIPAL in my case maybe they will for you also. Be sure to get your copies, or request copies, of all of the Statements so that you can verify the principal amount vs the interest and other fees. You will probably be dealing with the lawyers, which act as a collection agency. Make sure everything is in writing and sent certified letter with signature regarding a settlement amount. Link to comment Share on other sites More sharing options...
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