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DISCOVER CARD


expsd2
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I was recently served with a complaint from discover card/attorney. Discover is not licensed in my state to do business. How can they bring an action in civil court w/o being licensed in this state? Or are they just preying upon the no responders default judgment? I have never signed any agreement with them nor do they have a signed contract with me. I have disputed the amount, they ignored request for validation. Any thoughts

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There should be no problem here if you did not use the card and have no knowledge of the account. The plaintiff will need to present Discovery in court if the case goes to trial. There are no requirements for signed agreements, etc. The court will render a decision based on preponderance of evidence which means if there is liklihood it was you who made at least one transaction the plaintiff will argue you were bound by the credit card agreement. Debt Validation requests must be made prior to the filing of the complaint. After service what you request is Discovery which is the same thing. As to state licensure, that would be a matter to argue in court. Amount claimed can be disputed as well. Often there are settlement offers before a case would go to trial.

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No contract, no agreement, no receipts, no signature of mine anywhere and they will decide the case on liklihood? Is this what we call justice? What's the point of having to be licensed in a state if the court doesn't enforce it. Why do they call it evidence? You sound like a credit attorney. That's the problem with every attorney, they only want to settle the matter, not stand up for one's rights. Can any Pro Se'ers out there lend some help?

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Validation request was made before the compliant was filed, it was made within the 30 day requirement, Certified RRR. They did not answer and proceeded to Court anyway. But that obviously doesn't matter either, if the judges are not going to decide by evidence...

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If what you're talking about is a Discover Card...and they are the original creditor...then the FDCPA does not apply, and they do not need to provide validation. They'll validate it in court. And, only the attorney that represents them needs to be licensed to practice law in your state.

The basic question is...did you use this card?

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This case is over two years old! The police say that it is a civil matter and it should be taken up the the OC because of the age of it. Honestly, we just gave up with them and quit responding to the OC invoices. We went through hell to close the account, and they have ignored every response after that. So, here we are two years later and we are in court and they will not even acknowledge our objections to the billing statements. Even said in their complaint that we talked to them 07/05 and agreed to the amount. I guess this is why I am so hostile about it. Attorneys will not take the case because it isn't worth it to them. They say I can't prove it and if the OC makes a better case than me, I could lose. That's why I am screaming about rules of evidence. They need nothing and I can lose...

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Well, the only thing I can suggest is that you ask...either through discovery before court, or while you're before the judge...for both an itemized statement that shows how they arrived at their balance...AND...for something with your signature on it that shows you authorized one or more of the charges. (Not a signed contract, but a signed charge slip).

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