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Sued by Discover via Suttell & Hammer in CA


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I'm being sued by OC (Discover) using the law firm S&H for $5600.  I already filed my Answer.  I then received their "Request for Admissions" on 4/13/21 and I have until 5/18/21 to respond.  After reviewing many posts have, it seems using Arbitration would be my best strategy.  My goal is to settle this for about 40-50% or lower if possible, of course; they already offered to accept $3900 before I filed my Answer.  My question is: Should I send a letter to S&H requesting that we mutually agree to Arbitration?  Or should I just file the MTC?

Also, do I need to respond to the Request for Admissions?  Should I include a statement in my letter to them that I will wait for their reply before I respond?

This is my first case, so just want to be sure I don't mess anything up. 😀

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  • 3 weeks later...

I received it pretty quickly, about 20 days.  I'm filing for MTC Arbitration tomorrow;  Interestingly, I checked the court records online in LA County and searched civil cases that included Discover.  I found that from April thru Aug 30 2000, there were only 30 cases filed; from 9/1 thru 12/31/20, there were 3757!! Ouch. From 9/1-4/30/21 there were 6787.  This is just one major city; multiply that by 20-30 cities around the country and they have to be unbelievably busy, I can't imagine them keeping accurate records on so many cases; And they will probably be more open to quickly settle, I'm hoping.

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22 hours ago, FoolMeOnce said:

I received it pretty quickly, about 20 days.  I'm filing for MTC Arbitration tomorrow;  Interestingly, I checked the court records online in LA County and searched civil cases that included Discover.  I found that from April thru Aug 30 2000, there were only 30 cases filed; from 9/1 thru 12/31/20, there were 3757!! Ouch. From 9/1-4/30/21 there were 6787.  This is just one major city; multiply that by 20-30 cities around the country and they have to be unbelievably busy, I can't imagine them keeping accurate records on so many cases; And they will probably be more open to quickly settle, I'm hoping.

they are going after people's stimulus checks

i think they have this automated. With electronic filing, it so much easier for them to respond to things with boiler plate stuff

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31 minutes ago, bff said:

they are going after people's stimulus checks

i think they have this automated. With electronic filing, it so much easier for them to respond to things with boiler plate stuff

I think e filing is a big part of it. 

 

Filing really did slow down for a while during the pandemic.  In some cases they were able to postpone the SOL.  A lot of attorneys are now trying to make up for lost time.

 

The good side of it -- these attorneys are going to be extra busy with their backlog of cases.  That means the probability of getting them to drop the case if it looks like they will have to fight is higher.  They usually have to budget a certain amount of time to deal with the cases which are NOT low hanging fruit.  With so many cases in the hopper, many of these attorneys will just drop anything that takes any effort.

 

But be warned -- these may be non-suits or dismissals without prejudice.  So when they are less busy, they might file again if under the SOL.  Or they may not.  Things change very quickly, and it is impossible to say what attorneys will do in the future.  

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  • 5 months later...

UPDATE:

In June, attorney offered $2846 (50%) to settle; I countered at $1000, but he didn't budge; so I filed for MTC arbitration.

In August, the judge granted my MTC; attorney didn't argue at all.   The next day attorney emailed me with an offer of $2000 (30%); I again countered with $1000, then $1200, but he still didn't budge. So I opened my case with AAA.  Before the initial fees of $500 were due (to be paid by OC), I offered $1200 again - he still held at $2000. So now, the attorney did not file a response to my case but I assume the fees were paid as we are past the due date. 

This is my first attempt at Arb, so I am needing some advice on how to proceed at this point.  So far, an arbitrator has not been assigned.  

Do I need to submit anything now?  Can someone please give me an idea of what to expect during the conference call?  I don't really have any violations or good reasons to question this debt.  Do I need to raise any issues during this initial meeting?

Thank you in advance for your kind answers and suggestions.  

 

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"the attorney did not file a response to my case but I assume the fees were paid as we are past the due date. "

Maybe not they could have got an extension.

I don't really have any violations or good reasons to question this debt. "

See if they will still take the $2000 hopefully they will.  It's not common for Discover too offer 30% usually 40-50%. 

Otherwise they will go through Arbitration and try to recover their fees and transfer the arbitration award into judgement. 

That's my advice take it or leave it. 

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