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Is Rausch, Sturm, Israel, et al's suit fraudulent with Discover named as plaintiff?


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We live in Nevada. Rausch, Sturm, Israel, Enerson & Hornik sent a 30 day demand letter on behalf of Discover for alleged debt of $9,875. Their letter did say they were a debt collector. This is the third debt collector that has contacted us regarding this alleged debt. We sent in DV letter in time allotted. However, we were only sent copied Discover statements and an electronic form with basic info, i.e. name, address, social, but no actual signature or electronic signature. Additionally, the alleged debt with Discover was charged off. We were then served with a complaint from same attorneys naming Discover Bank as Plaintiff. We sent and filed in court an answer to complaint in the time allotted, plus asked for dismissal of case at the conclusion of our answer. We have since been sent a Motion for Summary Judgement and a court date was set in order for trial to be avoided. We will be sending and filing the appropriate Opposition to the Motion in order to avoid a default judgement. However, is Discover actually the real plaintiff, i.e., did RSIEH file a false complaint? We are also considering debt settlement at this point, but is this the best time to do that? If so, is 20% of debt balance appropriate to offer?

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Based on what facts do you believe this? Even if something smells fishy and actually is fishy with these guys, it doesn't mean that they aren't actually representing Discover. Do NOT level this accusation at them unless you have specific articulable facts that point directly to them committing fraud upon the court. I'm not saying that some of these guys won't do what you are talking about, because some have. I will say that far more often than not, an attorney is going to be representing who he says he's representing, and if you are going to claim otherwise you had better have more than mere suspicion.

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Hi

Definitely deal with a lawyer from NACA.net.

It will save you the trouble!!!!!..

Do you see in any of the paperwork on the lawsuit filed Not anything else) that your SS# has been displayed fully!!!!!!!!!...not the last four digits but your full SS# like in 320-45-7856. Make copies of all pages where you see this displayed.

If so, have a certified copy of that very page from the court house and have a lawyer look at it for you!!!!!!.. You will be surprised what all can come out of it!!!!!!..

Do not settle the debt? They may actually pay you back !!!!!!!...Im in Texas and i have had success with SS# many a times now!!!!!!

But this must be done only thru a lawyer.. dont try this by yourself.

We live in Nevada. Rausch, Sturm, Israel, Enerson & Hornik sent a 30 day demand letter on behalf of Discover for alleged debt of $9,875. Their letter did say they were a debt collector. This is the third debt collector that has contacted us regarding this alleged debt. We sent in DV letter in time allotted. However, we were only sent copied Discover statements and an electronic form with basic info, i.e. name, address, social, but no actual signature or electronic signature. Additionally, the alleged debt with Discover was charged off. We were then served with a complaint from same attorneys naming Discover Bank as Plaintiff. We sent and filed in court an answer to complaint in the time allotted, plus asked for dismissal of case at the conclusion of our answer. We have since been sent a Motion for Summary Judgement and a court date was set in order for trial to be avoided. We will be sending and filing the appropriate Opposition to the Motion in order to avoid a default judgement. However, is Discover actually the real plaintiff, i.e., did RSIEH file a false complaint? We are also considering debt settlement at this point, but is this the best time to do that? If so, is 20% of debt balance appropriate to offer?
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They probably won't take 20% if this is the OC. They pick their spots. Apparently, you have something they think they can attach, like a job or house, car, etc. Don't forget, they have the legal right to occasionally pull your credit report under the guise of seeing if you are still credit worthy. They can get quite a bit of info from that.

As for the law firm, they probably perform both functions, seems all these firms do. No problem with them acting as a collection agency and later as the firm for the OC.

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