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Discover Card Questions


dannyomar
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Hello All,

I have been reading this forum for sometime now, and I have purchased the books offered as well. The information that I obtained has been very helpful to me. I raised my score from under 500 to almost 600 in only a couple of months, so I would like to thank all of you for your valuable contributions and advise.

Well, now my wife is facing a situation with her Discover credit card, last payment was made on June, 2006, currently she does not work and has no income. She received a letter from Baker, Miller, Markoff attorneys in Chicago, IL to collect the debt. She sent a DV, which they have responded to by sending only the payment history of the account. The validation did not contain proof they own the debt nor the original agreement between my wife and Discover (She did not fill and mail an application, it was done over the phone)

I have checked the state web site and this law office does not have a license to collect debt in the state of Illinois. My questions are:

1- Do attorneys have to have a license to collect?

2- Since she did not have a written application when she got the card, can she dispute the debt based on this ground?

3- what is the best course of action in this situation?

Your input and feedback will be highly appreciated

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I am going though hell with discover, they don't sell the debt off, so the attorney only has to have a license in your state as an attorney, and they sub to one that does.. none of the DV stuff works with the OC, if you /wife used the card, you won't win..

someone tried to take it all the way to court and lost big time in washington, tried the its not mine, and all the defenses listed here.. doesn't work against the OC.

but before they went to the attorney I got a settlement offer that was quite low, should have taken it.. but didn't even have that much money at the time. They filed in court within months of it going to the attorney, went to arbitration within 60 days. attorney I paid told me to accept stipulated judgment as "cheaper" than fighting it and my attorney would negotiate a settlement or payment plan. Within 45 days of agreeing to stipulated judgement and stupidly thinking my attorney was in communication/negoiations with the attorney for Discover for my retainer. Discover garnished my checking account.. my luck is so bad that if they had filed the garnishment a week earlier they would have gotten a negative overdraft of $4.50.. but I had just sold an expensive item to give money to my attorney for fees and to "negotiate" with, so they took everything including all money I had for the next 60 days to live on and $1000 that my 80 yr old mother in law had me put in my account to buy some items on ebay or criagslist for her . . BY MY EXPERIENCE CLOSE THE ACCOUNT you paid Discover card with, they have that checking acct number, and possibly any account number you paid other credit cards with, including debit cards.. go CASH or in your name only.. or they won't leave you with a penny.

I am filing a dispute for some exemptions, hoping judge will be lenient as I got very POOR advise for my attorneys fees..

.. its been hell not having a dime to live on (I am unemployed due to injury from an assualt by a phycho) for 2wks. when the garnishment is filed the bank puts all money on hold and then releases it to them 10days later.. Though I am certain they filed so that the garnishment notice came just before a 3 day weekend, so 4 days of the 10 days to dispute had passed before I got the notice. Discover & their attorneys have no heart, no mercy and are after only one thing - your money.

this is not legal advice, just my experience, hope it helps you

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That is a truly horrible experience, hope things gets better for you in the near future. If I am understanding correctly:

1) Validation process only works with CA and not attorneys

2) Attorneys are not required to have a license to collect debt as long as they are allowed to practice law in my state.

3) Even they have failed to provide a copy of the contractual agreement between my wife and Discover card, in court of law they have complied with the fair collection act by providing the payment history only.

So really there is nothing she can do at this point, except negotiating a payment plan with them. If so, since she is not working or have any source of income, could she offer them $100/ month ( the balance is over $7000)? Will this stop them from suing her?

Thank you again for your help!

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