Being Sued by Discover Bank - CT

[justcantwin]

I received a summons for a complaint filed with Superior Court in the State of CT. The plaintiff is Discover Bank and the law firm representing them is Richard J. Boudreau & Associates out of Danbury, CT. I have to respond by 4/17/12 and am unsure of how to respond. I have a few questions I am hoping someone can answer. Was I supposed to receive any sort of notification prior to receiving the summons? Am I supposed to get some sort of warning first from the lawyers representing Discover Bank?

Also, in the complaint it states "5. As attested to by the plaintiff in the annexed affidavit, defendant has defaulted on this debt as the last payment was made on April XX, 2011. Plaintiff demanded payment immediately following defendant's last payment and continued demanding payment through the present. A copy of an affadavit from an employee servicing this debt is annexed hereto as Exhibit A, which confirms defendant had an account with the plaintiff. The most recent statement is attached to the affadavit as Exhibit A1." What is an annexed affidavit? And was it supposed to be provided with the summons? Was the most recent statement supposed to be included with the summons as well? I didn't receive either of those. I have not been mailed anything nor have I received any calls.

The complaint also states "6. At or about the time that plaintiff issued the Discover Card, defendant was issued an Agreement that included all of the terms and conditions to use the Discover Card, a copy of which is annexed hereto as Exhibit B." Again, I didn't receive this with the summons. Was I supposed to? And, when they are talking about the Agreement, is that the Agreement from when a credit card is first applied for and received, or the updated agreement that you are required to accept to be able to continue use of a card?

The last page of the complaint states the following:

"Wherefore, plaintiff demands judgement against defendant for:

1. The principal sum of (almost $12000);

2. Principal interest from the date of demand;

3. Post-judgment interest pursuant to C.G.S. 37-3a;

4. Reasonable costs and court fees; and

5. Such further relief as the Court deems just and proper."

What is the date of demand mentioned in #2? I didn't receive any demand notice or get any calls.

A bit of background as I think it is relevant:

I was laid off in April 2011. I was making a bit over $100,000 prior to the lay-off, did not receive any sort of package and began receiving unemployment benefits. Being the primary breadwinner, this had a huge impact to paying monthly bills. I called all credit card companies and told them what happened, they all wanted to put me on a payment plan, but I could not afford to make those payments. I offered to pay something, but they said it had to be at least the minimum in the payment plan. I then met with a bankruptcy attorney. He said I could file chapter 7, but would have to do something with the rental property owned in a nearby state as it will be "frowned upon" to file and still own it. So, we waited for the home to go into foreclosure which the auction is set for April 4, 2012. (if you want all the details about that I can provide, but am not sure it is relevant.) We did consider not filing bankruptcy and tried to do a loan mod on our primary residence, but were denied because I was on unemployment. We then wanted to do a loan mod for the rental home, but weren't eligible as it is not a primary residence. We were hoping that with a reduced mortgage payment, other bills could be paid. Unfortunately, we ended up having to wait (and still are waiting) to file bankruptcy.

In the mean time, I had started on a full-time contract position in October 2011 and accepted an offer of permanent employment in February 2012. My salary is 20% less than what I was making, but obviously that's more than unemployment. Due to that increase in income (salary vs unemployment), the bankruptcy attorney said that depending on the means test it could be either chapter 7 or chapter 13, but to still wait til the foreclosure is completed.

Lastly, I called the attorney about the summons (earlier today) and was told (by the paralegal assigned to me) that they could not assist me with the answer file. Do I need to find a new attorney? Have I been completely misguided and ill-advised? The law office practices debitor-creditor law exclusively, so I am not sure why they can't. I am still waiting on the attorney himself to call me back to further explain.

Any and all responses to my questions are very much appreciated! Please let me know if there are details or if more information is needed for you to form an opinion.

[My~Cuz~n~Vinny~]

Definitely read the CT.PB available for download here

Connecticut Practice Book - Court Rules

I am a newbie here so I may not be a real help.I did not know the date on the summons wasn't even a court date. So I showed up on that date to the clerks office and asked where to go.Come to find out that is the date you have to answer the summons by.

I could have answered it twenty days earlier if I had known. Whatever you do DO NOT IGNORE IT. They will give you one sheet of that proves you answered it. They SHOULD also give you a paper that is your responsive answer to the corresponding questions in the complaint that came from the plaintiff(SUPPOSED PLAINTIFF).

I denied all allegations. ALL 8. Then as I have been told here...study civil procedures and CT. civil procedures.

Just ask folks here . Remember if you paste something for all to see to take out all names and account numbers.That way people can help without seeing your personal info.There are a lot of fine folks here to help you.

Wish I could help more but I am new to this as well.

[justcantwin]

Thank you. I have started the download of the CT Practice Book and will start reviewing tonight.

I am really concerned about composing my response, as well as whether or not I was supposed to be provided with information and haven't been.

[justcantwin]

I just googled the law office from the summons and apparently they aren't what I thought and have a very unsavory reputation. (BBB won't grant accreditation and rated them an F).

Anyway, they are a collection law firm. Their website has 'legal experts with collection experience' as a tag line. Not sure why, but I had visions of vicious corporate lawyers suing me. I know that sounds really stupid -chalk it up to stress.

My question -- Does this change anything in regards to FDCPA or anything else?

[RockDaddy]

Nope. You can expect them to be the unscrupulous, ruthless pr!cks that the BBB in your area rated them to be with that F.

They do not need to inform you that they intend to sue you. No.

Edited April 3, 2012 by RockDaddy

[legaleagle]

Was I supposed to receive any sort of notification prior to receiving the summons?

Short answer, no.

[justcantwin]

Thank you for the responses. I am trying to read up as much as possible, but there is so much information as I know you all are aware.

Any recommendations on how to respond to the complaint? I mean, it seems that if I admit anything other than my name then I've already lost. While browsing the site, I did see a sample of the format the complaint should take, but of course I have more questions.

Can anyone tell me about the exhibits that are mentioned in the complaint, whether I was supposed to receive them with the summons or if I have to request them?

[justcantwin]

Just spoke to the attorney's office. They can't assist me with the answer file. But, if I bring in a check they will be more than happy to discuss what my options are outside of the summons.

Really? Ok, off to do more reading, get the answer composed, and find a new lawyer.

[legaleagle]

Did you see where I live? There is a form for answering a complaint on the JD web site. What is your defense?

[justcantwin]

Did you see where I live? There is a form for answering a complaint on the JD web site. What is your defense?

Ah, yes, I see you too are in CT. I did visit the site and downloaded the forms I need. As for a defense, I realized as I was sitting here that I don't actually have a defense. All of the thoughts that have gone through my head may be logical, valid responses to the complaint, but I don't know that any actually constitute a legitimate defense. I mean, they don't care that I lost my job and couldn't afford more than the payment I offered to make.

Thank you. You have me really thinking now.

[justcantwin]

legaleagle --thank you for your message. timing may be an issue, but it doesn't hurt to call.

[1stStep]

Discover has an arbitrartion clause...answer the suit, deny the allegations and file a motion to compel arbitration per the cardholder agreement...my guess is that RJB will drop the case...

[legaleagle]

Discover has an arbitrartion clause...answer the suit, deny the allegations and file a motion to compel arbitration per the cardholder agreement...my guess is that RJB will drop the case...

For twelve grand? I doubt it. As for the poster, don't worry about timing, court cases work in dog years. Especially here.

[justcantwin]

I didn't realize things moved so slowly. trying to evict non-paying tenants (in another state) took just over 2 weeks between filing and court.

[legaleagle]

They move slowly because these firms have thousands of these cases all over the state. Put the guy's juris number into the JD web site, and you'll see how many he has in your own court. Just watch the case on line. After you answer the complaint, they will send discovery.

[Guest fred335]

Be very careful and take your time.

Number One - Always answer the complaint - it cost you nothing.

Number Two - Read and then re-read the complaint- look for mistakes - they are always mistakes contained in the complaint.

Number Three - Do your homework...

Number Four - Any Attorney will not help you - it will only cost you.

Number Five - Read thru the pleadings sections in CT PB.. If you do not know what that is, please go to jud.ct.gov

Number Six - Do not panic... The Connecticut Courts are the best friend you will have...Believe me, I have been doing this for over one year.

Number Seven - If you do not have the "fight" in your belly, call the plantiff- "Discover" and make a deal. You will not survive this process without a fight.

Number Eight - There is no magic wand to make this go away.

Number Nine - Prior to your court date, go to your courthouse; sit and watch what goes on - it's really pretty amazing how the system works. You need to immerse yourself in the process. You will be surprised about how much you learn.

Number Ten - You should file for every motion afforded to you - and when your motions are struck down - and - they will -file a Motion to Reconsider.

I started out as a single defendent v. Discover Bank and now have a class action suit readied.

Discover took advantage of every customer and violated every consumer credit law on the books. If you know anyone in the State of Connecticut that has been ripped - off by Discover please lead them to this thread.

Good luck.

Good Luck.