Being Sued in South Carolina over a Discover Card

[Bobbys2k1]

I have just filed my answer and defenses along with a sworn denial, request for production of documents, request for admissions, and interrogatories. With this being said I have a couple of questions:

1. Has anyone had any experience with the South Carolina courts?

2. Discover has an arbitration clause in their agreement...would this help me and when would I ask for arbitration if need be?

[Mimi-to-8]

I little more detail would be helpful so the experts could give thorough advice.

Default date?

Amount of debt?

Who is named plaintiff?

Any attachments to summons?

Also read your contract carefully! In my Discover agreement it has a "claims notice" section just above the arbitration section. Mine states that they must sent you a written claim notice atleast 15 days prior to taking legal action against you. Did they do this? (breach of contract?)

Do you have any FDCPA violations on debt collector?

Research arbitration information. It could be an option for you.

[Bobbys2k1]

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I little more detail would be helpful so the experts could give thorough advice.

Default date? (Summons says May 24, 2010...however total amount was disputed Feb. 18, 2010 under The Truth in Lending Act...lender defaulted by not answering the dispute)

Amount of debt? ($5,497.88 plus attorney fees)

Who is named plaintiff? (Discover Bank)

Any attachments to summons? Generic Agreement copy righted 12/15/09

Also read your contract carefully! In my Discover agreement it has a "claims notice" section just above the arbitration section. Mine states that they must sent you a written claim notice atleast 15 days prior to taking legal action against you. Did they do this? (breach of contract?) (My reads the same!)

Do you have any FDCPA violations on debt collector? (yes)

Research arbitration information. It could be an option for you.

[Mimi-to-8]

Are you being sued in small claims court or state court?

If you are thinking of doing arbitration, do not wait too long. Check your Rules of Civil Procedures. Also check your state statutes to make sure you are not waiving your right to arbitration by participating in discovery.

If you elect arb with OC/CA/atty send the "election" letter certified mail return receipt. Then file a Motion to Compel arbitration. Make sure you stress that you want private/contractual arbitration.

JAMS is very expensive for creditor and could be to your advantage. It is a great tool for smaller debts. It will cost them more than what you allegedly owe.

I also suggest going to debtorboards to research arbitration there.

Read through newer arbitration posts.

If you choose court, make them prove everything! It is tough to beat an OC in court on a recent default; they will have the goods. They can be beat but it's hard.

Hopefully the more experienced members will chime in. Responses are slow over the weekend.

Good luck!