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sued by Discover in FL

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1. Who is suing you?

Discover Bank

2. For how much?


3. Who is the original creditor?


4. How do you know you are being sued?


5. How were you served? Were you served?

Sheriff Deputy at my house

6. What was your correspondence (if any) with the people suing you before you think you were being sued?


7. Where do you live?


8. When is the last time you paid on this account?

Jan 09 (I think)

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

pending summons answer?

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)


11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.


12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?


1)damages between 5k and 15k

2)made purchases of various goods or cash advances through credit account obtained through plaintiff...lists account number accurately

3)def. failed to pay balance due

4)def. owes plain. $7XXX.XX that is due with interest according to exhibit a (statement from 7 mos ago)...demands judgment for damages of 7XXX.XX and any further relief court deems just.

Count II-Account stated

5)plain. repeats and realleges the allegations of paragraph 1 and 2

6)before this action, plain. and def. had business transactions and agreed to balance

7)plain. gave statement to def. and def. did not object.

8)def. owes plain. (same amount listed above)

plain. demands judgment against...blah blah

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

a)Affadavit from Legal Placement Account Manager verifying account statement is accurate and correct

b)Statement from OC dated 7 mos ago.

14. What is the SOL on the debt? To find out:

4 years

I don't know where to start. The allegations are pretty clear, defendant is listed as the OC.

I've looked through a number of answers here, but they all list answer denials based on 'no contract between def. and plain.', or ambiguous complaint. This summons is pretty clear. If there is more info I can provide to help me come up with a 'workable' denial, let me know and I'll provide it.

Thanks in advance.

Edited by nuttinhoney
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Deny the ones you want them to prove. Admit the ones you are willing to admit to. This is for Answers only. When doing reponses to Requests for Admissions the rules change.

Make sure you include your affirmative defenses and, if you want one, a jury demand.

I always request a jury. If you decide later on you do not want a jury, then you can opt for a trial with just the judge (bench trial). However, if you decide later on that you want a jury you might face some opposition and be found to have waived your right to a jury trial.

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ok, so once I answer, what happens next? The judge rules in favor of the plaintiff or dismisses the case and that's it? Or, are there other things that could happen? I'm starting to feel like I'm over my head and need to hire an attorney (which I cannot afford).

There is no fixed procedure on what follows, however more than likely you will receive discovery requests. You can also send discovery requests to the Plaintiff. Then after you respond to the discovery requests. They will likely file a Motion for Summary Judgment.

At the same time you submit your Answer, you may wish to file a Motion to Dismiss based on their failure to attach the contract to the Complaint. In lieu of that you may wish to just ask for the contract in your discovery request.

You will need to file a Motion to Compel Arbitration if that is the route you want to take. See the arbitration thread for more information on this.

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