ljpowe

Being Sued by Discover Bank (Lost)

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I had originally posted this in another topic and it was suggested that I start my own thread.  

 

Hello my father was diagnose with stage four pancreatic cancer in August of 2013 he was with some debt relief company called Columbia law center.  When he signed up with them about two years ago they told him to stop paying his credit card bills after they charge there payment of course.  And set up an account for saving money to pay this off later when they want to settle the debit.  Here’s the thing, when we found out about his cancer I had to close that account and cancel their services because he needs that money to pay for his medical expenses.  They were taking about $700 a month which $600 was put into the account and the rest was for their processing fees on top of the initial $5000 payment. He is on a fixed income with his social security and pension plan.

I cancel them in February 2014 and now he is being sued by Discover Bank.  Just trying to figure out how to answer the summons for him because he is very ill and taking chemotherapy.  I also need to file a fee waiver for his answer.  Any direction would help.  Thank you.  We live in the state of California.

 

I have gotten some direction from calawyer thank you. I have attached my BOP.  Try to fill out the Answer Contract form.BOP_2.docx

 
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Looks good so far.  The words in brackets are meant for you to select whatever is appropriate.  So the first would be "its".  As far as the remaining brackets, the represent causes of action (or claims) that plaintiff may have asserted in the complaint against your Dad.  Check the complaint, select the appropriate claims, and delete the rest.

 

Then you will put it in the mail and do a proof of service by mail:  http://www.courts.ca.gov/documents/pos030.pdf

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Check the value of his property and personal property, whatever that is. My guess is that your dad is judgment proof, if his sole income is SS and pension.

 

Sorry that he and you are dealing with this nonsense; pancreatic cancer is extremely sucky. 

 

If you have the energy, you might want to think about suing the settlement people for preying on a vulnerable adult. They should have known, and explained to your dad, that he was judgment proof, and told him to hang on to his $5K for things for himself and his family.

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Check the value of his property and personal property, whatever that is. My guess is that your dad is judgment proof, if his sole income is SS and pension.

 

Sorry that he and you are dealing with this nonsense; pancreatic cancer is extremely sucky. 

 

If you have the energy, you might want to think about suing the settlement people for preying on a vulnerable adult. They should have known, and explained to your dad, that he was judgment proof, and told him to hang on to his $5K for things for himself and his family.

 

 

Wins makes a good point.  You should look into that possibility of a lawsuit.  Find a large personal injury law firm.  Should be plenty in CA.

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I am so sorry for your loss. I am sure all thus added stress didn't help in his last days. I would still look into suing that debt relief company on behalf of your fathers estate if you are the one handling his estate.

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