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Question: Does this mean they already have a judgment?


Natori23
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I have a urgent question and is in need of advice. I rarely posted in the past for different reasons and I just realized I had to re-register just now. I received a letter from a law office today and it was not good. Apparently, they have been writing while I was away at school. Here is the background: Discover Card sent me an actual "summons" for a judgement almost two years ago now and I received help from a person on one of the credit forums and "responded" to them..didn't hear too much from the local lawyers they hired for awhile...until the latter part of this year...Anyway, now it seems as if they already have a judgement. Here is part of the letter:

"Your delinquent contract in the amount of XXXX.XX, has been referred to this office for suit. Unless, this debt is paid within thirty days of the date of this letter, suit will be filed without further notice to you. If suit is filed, we will seek judgment for the above balance...{including court fees, and yadda yadda...the next part talks about me disputing the validity of the debt}...Upon such notice from you, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification."

Okay, the italicized part is confusing. Are they saying they already have a judgment against me and I must pay them or have it reported 20 something years..and I'm subject to garnishment? Before, I don't remember getting a warning letter, just the summons from some supspicious old man lurking around the house. Anyway, getting a Discover card was the worst mistake of my life...I so hate them! I could see if owed 5K or more...but I don't...they've added so many fees that it is now way over the initial credit limit I had. The statute of limitations for my state is 3 years...and the bill went into "arrears" in mid-2003...so I guess they are trying to get it while they can. Okay, what should I do now? I wanted to sign up with credit repair firm {for my other bad accounts} but now I have to deal with this. Is there a way I can tell if I already have a judgment...the last time I checked my credit reports I didn't see anything on there like that...Any advice?

Edited: I just looked up the info on the account and it says that it was closed in March 2004 {which I thought I closed it in 2003} by the consumer, which is me...so that means that the SOL isn't going to be up next year. :(

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It doesn't matter when the account was closed, it matters when the last element of a cause of action occured. It does not sound like they have a judgement yet. If this is the first letter they sent you, this letter is overshadowing and a violation.

Clarify something for me...cause of action-does this mean the last time the original creditor tried to collect debt from me? I *think* this is the first letter I've gotten from them, but while I was away my mom said other letters came but from what I remember it was from a different agency than this one...so are they just passing the account around or what? How is this a violation? How can use this "violation" against them? Should I send a debt validation now? As I said in the first post, another law firm tried to sue me before by serving me a summons, I answered and didn't hear anything else....and now this....

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Cause of action would be the date you became delinquent and never got caught up (I think). The reason they are trying to get a judgement.

Perhaps because you answered the first one........ they dropped it......... some of these lawfirms only wanna deal with default judgements, and avoid anyone who will put up a fight or make them work for it.

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Cause of action would be the date you became delinquent and never got caught up (I think). The reason they are trying to get a judgement.

Perhaps because you answered the first one........ they dropped it......... some of these lawfirms only wanna deal with default judgements, and avoid anyone who will put up a fight or make them work for it.

Okay, well I became delinquent in late spring/early summer 2003...I wish I would have kept the old documents...I have so much stuff {boxes of stuff} and I'm not sure if I have anything that will show that the bill went overdue in mid-2003. Oh well. Anyway, the question that has yet to be answered...What should be done in this case with this "new" letter?

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Options:

1)Get a lawyer

2)Attempt to come to terms with them, preferably mutually beneficial (this may be difficult)

3)DV them, it probably won't stop them from going ahead with the suit, but it may delay them and possibley cause them to drop it like the first one did. It may also provide you an itemization of the money they say you owe. And gives you a better chance of racking up violations against them.

Others may have other options.

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They have to send you a "miranda" as we call it here- it is a warning that tells you that you have 30 days to dispute the debt. If they attempt to place a sense of urgency that "overshadows" that 30 day dispute period, it is a violation of the law. They are in effect trying to intimidate you into not disputing.

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They have to send you a "miranda" as we call it here- it is a warning that tells you that you have 30 days to dispute the debt. If they attempt to place a sense of urgency that "overshadows" that 30 day dispute period, it is a violation of the law. They are in effect trying to intimidate you into not disputing.

Well, the letter contains the "miranda" warning and also a "warning" saying that I must pay the amount in 30 days or I will catch a case. I guess I need to research the laws because I'm not sure which one these people are violating. I FINALLY graduated from college after many years {just this month December 2005}, and now I got to worry about this mess again on top of the student loans and IRS people I got to pay back. I'm not sure I can afford a lawyer...most aren't "competent" enough...the last time around the first solution they had was to "file bankrupt." I gather that's out of the question now...so I'm SOL. :(

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Firstly, what they said is required by statute. You are exhibit A in my belief that that particular disclosure is confusing to people. When you see a statement about they will obtain a copy of a judgment, it makes it seem like they already have you dead to rights.

I think there should be caselaw made that if there is NO judgment, that statement about obtaining a copy of a judgment should be removed. Be kinda hard to do that.

Secondly, what state are you in?

Thirdly, threatening to sue within 30 days if you don't pay sure sounds like overshadowing to me. If you can investigate whether this place actually files suits and if you find out they don't, you'd have multiple 1692e violations as well. I thinkDiscover always sues in its own name, but I could be wrong.

Fourthly, date closed has no bearing on SOLC for lawsuits. It is either last transaction (payment/use of a card with card is still open) or final 30 day late leading to the charge-off. Either way, at the very latest, SOLC would run starting the month the card charged off.

Fifthly, I'm kinda confused about the previous summons you received from Discover. What exactly happened there?

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Firstly, what they said is required by statute. You are exhibit A in my belief that that particular disclosure is confusing to people. When you see a statement about they will obtain a copy of a judgment, it makes it seem like they already have you dead to rights.

I think there should be caselaw made that if there is NO judgment, that statement about obtaining a copy of a judgment should be removed. Be kinda hard to do that.

Secondly, what state are you in?

Thirdly, threatening to sue within 30 days if you don't pay sure sounds like overshadowing to me. If you can investigate whether this place actually files suits and if you find out they don't, you'd have multiple 1692e violations as well. I thinkDiscover always sues in its own name, but I could be wrong.

Fourthly, date closed has no bearing on SOLC for lawsuits. It is either last transaction (payment/use of a card with card is still open) or final 30 day late leading to the charge-off. Either way, at the very latest, SOLC would run starting the month the card charged off.

Fifthly, I'm kinda confused about the previous summons you received from Discover. What exactly happened there?

Sixthly, if Leshea is your actual name, I recommend you change your forum name. Don't ever do anything that can lead to your real identity. I see you were smart enough to XXXXX out the $$$ amounts in the letter. Keep that in mind when you post anything, since you never know who is watching.

Sending you a pm.

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