I'm sued by Discover..Need HELP
Date: Mon, 04/06/2009 - 16:19
Long story but I will try to keep it short. I'd served a summons by a police officer in Oct, 08 from Discover card of owing $17500.00. They listed 7 points in the summons, and I discussed with my BK lawyer and had responded back to denied all points.
Today I have received a letter in my mailbox(not served) from an attorney represent Discover Card. There are 5 pieces of document enclosed.
1.) Motion for summery judgment
2.) Notice of Hearing (with Date/Time/Court Rm#)
3.) Notice of filing supporting affidavit
4.) A notarized letter from Discover account manager
5.) A copy of credit card statement
The court date is in the beginning of June.
1.) What should I do at this moment?
2.) Should I attend by myself to the hearing (the plaintiff's lawyer will appear bt phone)? Or should I hire a lawyer?
3.) This letter is not served, how can they prove I receive this letter?
4.) I try to opt out BK at this moment, but should I proceed?
Thanks for reading my post, feel free to ask further details if needed.
Today I have received a letter in my mailbox(not served) from an attorney represent Discover Card. There are 5 pieces of document enclosed.
1.) Motion for summery judgment
2.) Notice of Hearing (with Date/Time/Court Rm#)
3.) Notice of filing supporting affidavit
4.) A notarized letter from Discover account manager
5.) A copy of credit card statement
The court date is in the beginning of June.
1.) What should I do at this moment?
2.) Should I attend by myself to the hearing (the plaintiff's lawyer will appear bt phone)? Or should I hire a lawyer?
3.) This letter is not served, how can they prove I receive this letter?
4.) I try to opt out BK at this moment, but should I proceed?
Thanks for reading my post, feel free to ask further details if needed.
Hi joechan194, Welcome to the Community! Definitely, proce
Hi joechan194,
Welcome to the Community!
Definitely, proceed with the bankruptcy. If the creditor wins a judgment they will come after your wages, assets, etc.
You do not *have* to have an attorney present, but it is highly advisable as you will be going up against highly experienced lawyers, and everything must be done precisely and according to procedural protocol.
Here is a thread to give you more comprehensive information. How to answer a summons.
Hope this helps.
