Sued by Discover

[Stressin']

I feared this day for sometime now. Over the weekend I was slapped with a summons for my Discover card. Obviously I've been doing a lot of reading/research on what to do next, but I still feel lost. I'm going to answer the summons because I don't want it to come back and bite me in the a**.

I was just curious as to what other peoples experiences have been when dealing with Discover. I realize that they're tough to deal with, but what about when it comes to getting sued? Honestly I'd like to settle and avoid going to court over this $2,500 debt. I'm gonna break down and call the atty in hopes of avoiding court. Anyone have luck settling with attorneys before court? I know every case is different, but I just wanted to get an idea of what to expect.

Just curious as well, anyone ever had their SOL date "change" without making a payment? I could have sworn that my SOL had expired a year ago and now my reports are saying I have another year.. just seems odd to me.

Thanks for listening to my rantings!

[ynkewmn]

Sorry Stressin', can't really help you much here but thought I'd give you some input on my dirty Discover (y) case. Just got out of court today actually with this case. First of all, let me tell you, I counted seven dockets of cases V. Discover today. Unbelievable, just in my county/state. IN ONE DAY! They definately are sue happy!

My case in a nutshell;

Discover files suit. Defendant appears with intention of answering case and request for discovery (Plaintiff has only copies of monthly statements). Plaintiff continues case.

Mounting debt aside, Defendant decides to file BK but hasn't FILED by next appearance date (Discover suit) and does not appear. Plaintiff obtains Default Judgement.

Defendant is served Citation to discover assets (Discover is quick to do this I must admit). Defendant FILES BK. and gets continuance at court appearance BECAUSE; 1)No BK file # 2) Defendant asks Plaintiff for copy of Affidavit of service, knowing that it was falsified and was improperly served. Discover attny. gets pissed off and continues the case.

Defendant shows in court today on continuance for Citation. Plaintiff/attny. takes defendant out before case call and asks Defendant for asset information. Defendant shows Plaintiff attny. the falsified copy of Affidavit of service. Got plaintiff by the balls, attny. dismisses Citation to discover assets.

Anyway, this is my saga with Discover. If I could give you advice, make them work very hard at prooving you owe them anything. They don't like having to work for it and it is not cost effective at doing so unless you owe them a ton. Make them work and then if you want to settle, pull THEM out of the courtroom, THEN they may go with a much smaller amount. If you want to make it work to your advantage you MUST do the work to do so.

[Stressin']

Ynkewmn, I wanted to thank you for taking the time for not only reading my post, but for also answering.

[ynkewmn]

Your very welcome Stressin'. I'm not that knowledgeable as others on this board, but am here to offer what I know! Put up a good fight!

As far as the SOL date, looks to me that they reaged your account. If so, BIG NO NO! I think you should dispute your CR! I had a debt bought out by Sherman Aquisitions and they reaged it. Had planned on filing suit (one of many violations), but had to drop case because of my BK.

[Kendra]

Hi Sorry to butt in on this post, but could you please tell me how you proved this because I believe the same thing happened to me. Thanks.

Defendant asks Plaintiff for copy of Affidavit of service, knowing that it was falsified and was improperly served.

[ynkewmn]

Kendra,

You need to go to your county records and have the clerk pull your file/case #. There you should find a copy of the affidavit. Should you find your file isn't there, they have pulled it for court. I went a few times to check mine for another case, turned out there wasn't any(affidavit).

If it is falsified, file a motion in court to have the service quashed. At least then they will have to reserve you all over again. You could subpoena the server and anyone in your household that they may have FORGED the document that they were served. The process server will have to go to court and testify. I was listening in court yesterday of an individual whom was improperly served and the judge told him he may file a motion to quash, BUT, didn't stop the case there,, went on to ask him if he owed the debt, etc. Wasn't a big issue (improper service) to the judge.

[ynkewmn]

Kendra,

You need to go to your county records and have the clerk pull your file/case #. There you should find a copy of the affidavit. Should you find your file isn't there, they have pulled it for court. I went a few times to check mine for another case, turned out there wasn't any(affidavit).

If it is falsified, file a motion in court to have the service quashed. At least then they will have to reserve you all over again. You could subpoena the server and anyone in your household that they may have FORGED the document that they were served. The process server will have to go to court and testify. I was listening in court yesterday of an individual whom was improperly served and the judge told him he may file a motion to quash, BUT, didn't stop the case there,, went on to ask him if he owed the debt, etc. Wasn't a big issue (improper service) to the judge.