kevlopez

Help with Discover card suit in NJ

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I have to answer a summons I received two weeks ago for a CO card last year.
I sent a DV letter by CMRRR to OC attorney, which in turn sent me by mail some statements .

I never talked to OC attorney or awswer any phone call, however in the summons states talk I refused to pay.
The summons didn't include any documentation with it.
I have read some of the other topics but I could figure out the best approach to my case and what form to use to answer.
Any help would be appreciate it.

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4 minutes ago, kevlopez said:

I sent a DV letter by CMRRR to OC attorney, which in turn sent me by mail some statements .

Once they sued you it was WAY too late for DV.  You got lucky they sent the statements they could have ignored it since DV isn't part of the rules of civil procedure for court.

5 minutes ago, kevlopez said:

I never talked to OC attorney or awswer any phone call, however in the summons states talk I refused to pay.

Well you did refuse to pay when you first defaulted on the card and never made payments resulting in the charge off.  The court won' t look at the minutia detail of whether you refused to pay Discover's attorney only that you stopped paying on the account.

6 minutes ago, kevlopez said:

I have read some of the other topics but I could figure out the best approach to my case and what form to use to answer.

Most of what you read on sites like this are tailored towards suits by junk debt buyers.  You are being sued by an original creditor so most of those are not available to you.  You said you defaulted last year so they are very much within the SOL for filing a suit.

Discover is an aggressive litigator in these matters and they can attest to their own records so won't need an affidavit and there is no chain of custody issue since the account hasn't been sold.  They certainly have standing.

You are going to need to do a LOT of work.  Original creditor suits can be won but it isn't easy.  

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1 hour ago, Clydesmom said:

Once they sued you it was WAY too late for DV.  You got lucky they sent the statements they could have ignored it since DV isn't part of the rules of civil procedure for court.

Well you did refuse to pay when you first defaulted on the card and never made payments resulting in the charge off.  The court won' t look at the minutia detail of whether you refused to pay Discover's attorney only that you stopped paying on the account.

Most of what you read on sites like this are tailored towards suits by junk debt buyers.  You are being sued by an original creditor so most of those are not available to you.  You said you defaulted last year so they are very much within the SOL for filing a suit.

Discover is an aggressive litigator in these matters and they can attest to their own records so won't need an affidavit and there is no chain of custody issue since the account hasn't been sold.  They certainly have standing.

You are going to need to do a LOT of work.  Original creditor suits can be won but it isn't easy.  

Thanks for your quick answer... the DV was sent before the suit.  Being a newbie I'm looking how to reply to the summons first, so I don't get the default judgment for not answering.

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