Jump to content

Discover suing me... Any assistance? - Illinois


Recommended Posts

I am a brand new member here and hoping someone can help or point me in the right direction. There are soooo many threads and different topics, state law, I am not sure aobut any of it.....

The last few years has been financially devasting. I can no longer pay any of my cc's.

I was served with "appearance and jury demand" papers a few weeks ago and I had to file my appearance and pay a $203.00 fee yesterday in Cook County.

I have 10 days from that date of file an answer.....

I am 69 years old, all I have is SS and the suit is for over $16,000.

What is likely to happen??? Is there anything I can do??

I so appreciate any help anyone can give me...

Link to comment
Share on other sites

Ohhh and maybe you mean...

There is a copy of the "cardmember aggreement" and a copy of the last statement they sent me...

Is the cardmember agreement copyrighted the same year you opened the account? I didn't think so. I'd deny the complaint and assert affirmative defenses such as: No evidence that Discover Bank has standing to file suit in the State of Illinois. No evidence that Discover Bank has knowledge of or authorized this lawsuit. That generic agreement and that account statement is inadmissible as evidence. They didn't attach one of their bogus "Affidavit of Debts" huh?? I'd also assert that there is no authenticated evidence that Discover Bank owns the alleged debt or if the alleged debt is owned by Discover Card Master Trust I. Actually they haven't included any admissible evidence at all. What law firm is suing you??

Link to comment
Share on other sites

Massive,

Thank you so much for your help!!! I am so lost...

I had to either agree or disagree to their 8 counts. I have just wrote, 1-8 in a line and either said disagree or deny on each one.

Do I have to file something different for the affirmative defenses? Do I just put that on a separate piece of paper?

Does it help at ALL to write a letter stating what has happened to me over the last few years that has landed me in this shape?

I have overcame breast cancer, the death of my 35year partner (who left me pennyless) etc....... ?????

Link to comment
Share on other sites

Massive, I cannot send messages yet because I don't have enough posts.....

Telling them "why" you're in the situation will not help one bit. Be careful with anything that you "agree" to. It would be helpful if you'd post what each allegation is, so that others will be able to help you with the wordage needed to answer.

Also, if you'll head over to the off topic area and play a word game back and forth or anything to bump your post count - you'll be able to send a pm. :)++

Link to comment
Share on other sites

Thanks Massive and Linda... I am trying to write the answer back now... I only have until the 29th to get this into the court....

Ok, here are the 8 claims by Discover....

1. Plaintiff, DB, is a Delaware banking corportation that issues cc to consumers under the name of DC for the purpose of purchasing goods and services...

2. Defendant resides at .................

3. a cc, number xxxx.x.x.x.x.x.x., was issued to defendant by plaintiff upon request and defendant agreed to pay P all amounts charges by use thereof.

4. an agreement contaiing the terms and conditions governing the us4e of the cc including terms for reppayment was mailed to D.. a copy of said aggrement is attached... Exibit A

5. Thereafter D incurred charges by use of said card

6. at regular intervals P submitted to D monthl statements demanding payment of said account together with other information in support of said statemen t.

\

7. D defaulted by failing to jake the requisite payments jnder the terms of the agreement. as a consequence of said default, and as of the date hereof, D owes P the sum of 16203.97 for pirncipal, as shown in Exhibit B attahced hereto. Although duly demanded, payment has not been made.

8. There is further due to P from D, the sum of 350.00 as and for attorneys fees and provided for in the instrument exemplified by exhibit a.

Wherefore, P demands judgment against D in the sume of ........, plus attorney fees of 350.0 and P costs of suit....

Forgive the typos...... just so much to type. I so much appreciate all the help anyone can give me....

Link to comment
Share on other sites

B&M are a sucky lawsuit mill type firm (in the same league as WWR, BHLM, and B&G). Here's a link to a website concerning Rule 10.9 of the Circuit Court of Cook County...

http://www.convokesystems.com/Proposed_Rule_10_FINAL_Cook_County_IL.pdf

From what you've posted, their pleading is completely insufficient on its face. You will need to address how their initial pleading does not conform to these rules as part of your affirmative defenses.

Link to comment
Share on other sites

Guest BrokeBob

TBirdLady is giving you very good advice.

Also, check out the Illinois state rules on garnishments, etc. In many states, social security income can NOT be garnished. In other words, even if you lose, they cannot get your checks. However, they could still get your bank accounts, so be careful.

In addition, you should read up on arbitration. Not just on this forum, but also on THAT board (www.debtorboards.com). However, I think Discover just has AAA as a forum, (NAF is no longer in operation), and just about anybody will still pursue 16k+.

And, the 29th is a Sunday, isn't it? In that case, you have until Monday. (I mention that because I have some answers due on the 29th as well).

Link to comment
Share on other sites

"In many states, social security income can NOT be garnished"

I'll check around but Im nearly 100% certain that in NO state can it be garnished. Its a federally statuted exemption so you should be good there.

Like he said protect your bank accts as well. You might want to go ahead and contact your bank and tell them whats what as far as they might be recieving a levy order from some local judge/magistrate and you need to make sure they DON'T comply as these are exempt funds.

If you lose and you get into the "execution" phase I'd also send a documentable (CMRR) letter putting them on notice that your only source of income is this SS and they are not allowed to sieze these funds per federal law (and probably state). This should be handy if its siezed anyway (and it might very well be) and you have to get it back. A judge will not be too amused that they knew these funds were exempt (essentially they wasted the executing authorities time).

Link to comment
Share on other sites

From Illinois Legal Aid website (sorry won't let me post link)

Partial List of Exemptions

Personal Property Exemptions

* For each family member, necessary clothing, a Bible, school books, family pictures

* $4,000 worth of property, including money in a bank account

* One motor vehicle in which your interest does not exceed $2,400

* $1,500 worth of implements, professional books or tools of your trade

* Health aids prescribed by a physician

* Money from the sale of exempt property; however, the property is not exempt if you purchase property with the intent of converting non-exempt property into exempt property or with the intent to defraud creditors.

Homestead Exemption

$15,000 of equity in a house, mobile home, condominium, building or lot of land occupied as a residence by the debtor. Each couple who jointly owns a home would have a $30,000 homestead exemption since each could exempt $15,000.

Income Exemptions

Public Aid and General Assistance

* Aid to the Aged, Blind or Disabled (AABD)

* Aid to Families with Dependent Children (TANF)

* General Assistance (GA)

>>>Social Security<<<

Supplemental Security Income

Veteran's Administration Benefits

* All V.A. benefits are exempt except for being subject to specific claims by the United States government

Worker's Compensation

Black Lung Benefits

Unemployment Compensation

Alimony, Support and Maintenance

* Alimony, support, and maintenance are exempt to the extent reasonably necessary for your support ant the support of your dependents

Pension

* With some exceptions, pensions are exempt to the extent reasonably necessary for your, support and the support of your dependents

Payments For

* Crime Victim's Award

* Wrongful Death Award or Life Insurance payments of a person on whom you are dependent to the extent reasonably necessary for your support

* Payment of up to $7,500 for personal injury to you or your dependent

At Least 85% of Gross Weekly Wages

Your wages cannot be garnished unless your take home pay after taxes is more than $371.25 per week (45 times the Illinois minimum wage). If your take home pay is more than that, the most that can be garnished is 15% of your weekly gross pay.

Exemptions can be found in 735 ILCS 5/Art. XII Pt. 9 and Pt.10

Illinois Legal Aid is a great resource for Illinois residents.

Edited by inthesticks
Link to comment
Share on other sites

How long ago was your last payment? The Discover cardmember agreement states that it is governed by Delaware state law, which has a statute of limitations of 3 years.

If your last payment activity is more than three years ago, it's a time-barred debt and Federal law prohibits collectors from bringing suit.

Edited by garbanzo
wordfail
Link to comment
Share on other sites

At the court house they are a public help with the caveat that this is free legal advise,worth what you pay for it. ( Not unlike an internet )forum <g>.

Legal Aid Foundation HELPS people like you and me....depending on their case load. They are easily found if you google them.

They help low income people.Like you.

1-312-341-1070 is the downtown number.

Please call early because they are a non profit,and they don't staff support pms.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.