But I really do want to know the DOLA

[I_know_I_know]

In August, I received a summons from the Plaintiff's Attorney attempting to collect approx. $7,300 (the plaintiff being Discover Card). As far as I know, I had not used the card since 2008.

I joined the forum here and read up on how to respond to requests for documentation, interrogatories, and admissions. Realizing that the burden of proof is on the plaintiff, I prepared a request for documentation of my own. I included the following:

• The alleged credit agreement from Plaintiff’s attorney’s Reference Number XXXXXXXX that states interest rate, grace period, terms of repayment, et cetera;

• Itemized statements or credit card statements from Plaintiff’s attorney’s Reference Number XXXXXXXX that demonstrate how the alleged amount of $7,356.47 was calculated;

• Letter(s) sent to defendant by Plaintiff’s attorney demonstrating an attempt to collect on the alleged debt (Plaintiff’s attorney’s Reference Number XXXXXXXX);

• A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

• Any and all further documents that you believe establish that Plaintiff had an outstanding account or debt related to Plaintiff’s Attorney’s Reference Number XXXXXXXX in the amount of $7,356.47;

• Proof of the Date of Last Activity (DOLA) as evidenced by date of the last payment made on Plaintiff’s Attorney’s reference number XXXXXXXX, check number or draft number, amount paid, and copies of the DOLA as reported on Defendant's credit report. If these dates do not correlate or match, please provide evidence as to why the discrepancy;

• Any documentation showing the Chain of Custody from the Plaintiff to the Plaintiff’s attorney;

In response, I received a letter from the PA stating that the client would like to settle in the amount of $6,000. I'm given thirty days from the date of the letter to respond (which sucks, because the letter is dated November 17, but I did not receive it until just before Thanksgiving).

The thing is, I really do want to know all of the answers to my questions! In January 2009, I had a large (and fortunately benign) tumor removed from my left parietal lobe. My neurosurgeon said that it may have had an effect on how I handled finances. Another reason I would like to know is because of the recent news item "State AG Says Discover Makes Millions Through Deceptions" (I can't post a link due to my low post count).

Any idea on how to respond? Let me know if you need more details.

[BV80]

One way you can find the date your account went into default is by looking at your credit report.

Unless the SOL in your state is 2 years, chances are the debt is still with the SOL.

[I_know_I_know]

One way you can find the date your account went into default is by looking at your credit report.

Unless the SOL in your state is 2 years, chances are the debt is still with the SOL.

I believe the statute of limitations in North Carolina is three years. I'm not really concerned about that, though. I would like to know what transactions and payments were made on the account.

While I was in the hospital, my husband closed our joint bank account, so I cannot go back and check my records. He also threw out a lot of paperwork, including credit card statements. I don't understand why Discover would be reluctant to provide me with that information? I would think it would be very easy for them to access it and send it on to me.

[BV80]

Even though your bank account is closed, the bank could still have records. Call them and ask if you can get copies of your bank statements from 2008.

I don't understand why Discover would be reluctant to provide me with that information? I would think it would be very easy for them to access it and send it on to me.

It could be they're trying to save time and money. You can accept their offer, make a counteroffer (don't know if they'll accept it), or refuse to settle and file a motion to compel discovery.