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I just got summons for not paying my discover account

Date: Wed, 10/25/2006 - 10:45

Submitted by anonymous
on Wed, 10/25/2006 - 10:45

Posts: 202330 Credits: [Donate]

Total Replies: 11


I just got summons for not paying my discover account from a lawer appointed by a debt collector. What should I do?


Nick-if this is an actual summons with court date,etc., you need to respond within the time they give you to respond. Failure to do so will end in an automatic judgement. Send the attorney a debt validation letter if you are not sure of the details of the bill. You can probably call your court clerks office to see if anything has been filed. Good Luck..if you have any questions, feel free to ask...Karen


lrhall41

Submitted by Bossy4455 on Wed, 10/25/2006 - 10:49

( Posts: 5854 | Credits: )


Can you call Discover and verify the status of your account? You need to confirm that the lawyer hired by the collection agency is real and has a court date against you. You may check with the county clerk for accurate records. If the court date is fixed, show your appearance. In the meantime, try for a payment plan with Discover or the collection agency so that they withdraw the case from the court if it is real. Get the debt validated by the lawyer to confirm their collection practice.


lrhall41

Submitted by aciotsf on Wed, 10/25/2006 - 10:57

( Posts: 511 | Credits: )


Leave the last part even if the worst happens. You can't be sent to jail for not paying the past debt. The creditor has to win the case after showing proof. The judge will only decide whether wage garnishment is your only way of paying the debts. If you don't appear on the court date, a default judgment will get issued in your name because the judge will understand your avoidance in this matter, even if it isn't.


lrhall41

Submitted by aciotsf on Wed, 10/25/2006 - 15:40

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For a quickie validation I would call your creditor. But also send a letter if you want to get more detail. You need to show up to the summons though. Repayment will be discussed. You need to bring your bills and paycheck stubs so that way somehting fair can be worked out or you might end up paying more than you can afford.


As for other collections on other accounts. If one found you to get a summons the other's won't be too far behind so I suggest you get your ducks in a row and work out some sort of plan of action. Explore your options that might be avaliable to you.

debt consolidation, get a loan or a cosigner for one, defer a couple of car or credit card, mortage payments, cash in your 401k or insurance policy, refinance your home or get a reverse mortage if you are over 65. There are many many options avaliable but a lot never get considered because peple get scared anf frustrated.


lrhall41

Submitted by FYI on Thu, 10/26/2006 - 04:36

( Posts: 1950 | Credits: )


FYI,

Why would you suggest someone cash in their 401k or their insurance policy? If you cash in a 401k, there are penalities for this. You will have to pay more taxes at tax time if you chose to not have the taxes taken out before hand. When you stated about refinancing your home, are you meaning a second mortgage? I do not want to get an argument going here, I am just curious to the reasons for things I posted above.


lrhall41

Submitted by Not so Lucky on Thu, 10/26/2006 - 05:45

( Posts: 3041 | Credits: )


I would never advise a second mortgage. It only gets you in more trouble. If you cant pay now with the first mortgage you might end up losing your home. I would show up to court. Like FYI says get your ducks in a row. Maybe the court will order you into some type of credit counseling. I know you have to do that now before you can even file for bankruptcy. Good Luck Kyside38


lrhall41

Submitted by KYSIDE38 on Thu, 10/26/2006 - 06:32

( Posts: 2477 | Credits: )


I have sent a letter to the lawyer hired by the collection company for validation of debt.Also, I was checking by credit history and this is the fourth company who bought my actual account from DISCOVER are they still eligible to sue me and last activation in this account was on 07,2003 that makes over years and state in state of CA open account (credit card) having no changes over 4 yrs cannot be sued, is there any truth in it. I got this piece of information from creditinfocenter.com


lrhall41

Submitted by on Thu, 10/26/2006 - 09:21

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