Jasonmaust24 Posted February 23, 2019 Report Share Posted February 23, 2019 Hello. Last year I sent the JAMS paperwork to my credit card company (discover ) once the threatened to sue. $5083 debt. They have since sold my account or given it to Zwicker & Associates P.C in Maryland I live in Virginia and am on Ssdi , have been for 13 years and have no houses or cars in my name. banks account is in my wife and my name. I received a JAMS demand for arbitration for today filed by that attorney. I would be so great full for help on winning this. It seems as though my only option is to pay a $250 fee to initiate this Jams. Is there any way around that? Is there a way to let them know that I am pretty much collection proof? I paid on that card for years until I couldn’t due to family matters that are out of my control. Thank you so much for any advice on my next step. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 23, 2019 Report Share Posted February 23, 2019 1 hour ago, Jasonmaust24 said: They have since sold my account or given it to Zwicker & Associates P.C in Maryland Zwicker is Discover's attorney not a junk debt buyer. They are representing Discover against you. 1 hour ago, Jasonmaust24 said: It seems as though my only option is to pay a $250 fee to initiate this Jams. Is there any way around that? No. The consumer responsibility for a JAMS case is $250. 1 hour ago, Jasonmaust24 said: Is there a way to let them know that I am pretty much collection proof? Sure. You inform Discover that your funds are exempt from garnishment or levy. They will require proof. However, being collection proof does not mean they are required to drop the case. Some have a policy of ceasing collections under your situation others don't care and go all the way regardless. 1 hour ago, Jasonmaust24 said: I would be so great full for help on winning this. You will not win. A bad case in court is a bad case in arbitration. Discover will go all the way to the bitter end including appeals. They are the original creditor and have all the records to support their claim. The point to arbitration with Discover is to get a better settlement not to win. 1 Quote Link to comment Share on other sites More sharing options...
Jasonmaust24 Posted February 23, 2019 Author Report Share Posted February 23, 2019 12 minutes ago, Clydesmom said: Zwicker is Discover's attorney not a junk debt buyer. They are representing Discover against you. No. The consumer responsibility for a JAMS case is $250. Sure. You inform Discover that your funds are exempt from garnishment or levy. They will require proof. However, being collection proof does not mean they are required to drop the case. Some have a policy of ceasing collections under your situation others don't care and go all the way regardless. You will not win. A bad case in court is a bad case in arbitration. Discover will go all the way to the bitter end including appeals. They are the original creditor and have all the records to support their claim. The point to arbitration with Discover is to get a better settlement not to win. Thank you. Who should I contact to prove that I receive Ssdi, Jams or call the law firm? Ive read a lot about this and have seen some say contacting the law firm could be a mistake... Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted February 23, 2019 Report Share Posted February 23, 2019 1 hour ago, Jasonmaust24 said: It seems as though my only option is to pay a $250 fee to initiate this Jams. Is there any way around that? This is what the Discover agreement has to say about arbitration fees: "Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will advance those costs if you ask us in writing." It doesn't say anything about if they file a claim against you, so in light of the above quote, I would assume that means they will automatically pay your fee. If not, I would ask them to in writing. 22 minutes ago, Jasonmaust24 said: Ive read a lot about this and have seen some say contacting the law firm could be a mistake... I'm sure Discover has an internal policy that when they have sued you, they cannot talk to you. Your only point of contact is the lawyer. The only time talking to the lawyer is a mistake is if you have diarrhea of the mouth. As long as you can say "I'm not going to answer that question right now", there's no reason to not talk to the lawyer. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 23, 2019 Report Share Posted February 23, 2019 39 minutes ago, Jasonmaust24 said: Who should I contact to prove that I receive Ssdi, Jams or call the law firm? Ive read a lot about this and have seen some say contacting the law firm could be a mistake... Now that there is a case with Discover whether in court or arbitration all your contact is with the lawyer. 1 Quote Link to comment Share on other sites More sharing options...
Jasonmaust24 Posted February 24, 2019 Author Report Share Posted February 24, 2019 51 minutes ago, Harry Seaward said: This is what the Discover agreement has to say about arbitration fees: "Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will advance those costs if you ask us in writing." It doesn't say anything about if they file a claim against you, so in light of the above quote, I would assume that means they will automatically pay your fee. If not, I would ask them to in writing. I'm sure Discover has an internal policy that when they have sued you, they cannot talk to you. Your only point of contact is the lawyer. The only time talking to the lawyer is a mistake is if you have diarrhea of the mouth. As long as you can say "I'm not going to answer that question right now", there's no reason to not talk to the lawyer. Ok Thank you! I think I’ll call the lawyers office and let them know my income is settlement proof and give them the proof they need. I’m just not very smart concerning law, I don’t want to get tricked into giving information they don’t need. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted February 24, 2019 Report Share Posted February 24, 2019 Just now, Jasonmaust24 said: I’m just not very smart concerning law, I don’t want to get tricked into giving information they don’t need. Just don't admit to the debt. Let them know you don't have any disposable income, and what income you do receive is SSDI and protected against garnishment/levy. If they start getting off track, just tell them you don't want to discuss the details of the case, and just want to provide them with whatever they need to stop suing you. If they say they won't do that, tell them to have a nice day and hang up. Quote Link to comment Share on other sites More sharing options...
Jasonmaust24 Posted April 4, 2019 Author Report Share Posted April 4, 2019 So Discover paid the fee to go ahead with Jams proceedings and we have to pick an arbitrator. All for a 5k debt. I’m on social security disability and have no houses or cars in my name. No income outside of that. What will happen if they are to win in arbitration? can they take money from my shared bank account that I have with my wife? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted April 4, 2019 Report Share Posted April 4, 2019 8 minutes ago, Jasonmaust24 said: What will happen if they are to win in arbitration? They will confirm the award with the courts as a judgment. 10 minutes ago, Jasonmaust24 said: can they take money from my shared bank account that I have with my wife? Yes. Up to 2 months worth of SSDI is exempt from bank levy. So if your SSDI is $2300 per month up to $4600 in the account it is deposited into is exempt from being frozen. ANY amount over that can be taken by levy as long as your name is on the account. You need to remove your name from the account and have your SSDI deposited into its own account with no other deposits going in but SSDI. 1 Quote Link to comment Share on other sites More sharing options...
Jasonmaust24 Posted April 4, 2019 Author Report Share Posted April 4, 2019 Thank you! My Ssdi check comes in my wife’s name as the executor , for my funds. Does that matter at all since her name would have to be on a new account with mine as well? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted April 5, 2019 Report Share Posted April 5, 2019 1 hour ago, Jasonmaust24 said: Thank you! My Ssdi check comes in my wife’s name as the executor , for my funds. Does that matter at all since her name would have to be on a new account with mine as well? I am not certain but to protect your money I would get a free consult with a good Consumer Attorney as soon as possible. Quote Link to comment Share on other sites More sharing options...
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