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Discover suing me

Date: Mon, 04/21/2008 - 11:47

Submitted by anonymous
on Mon, 04/21/2008 - 11:47

Posts: 202330 Credits: [Donate]

Total Replies: 13


I am being sued by Discover Bank for 3822.12 plus court costs (front page) Next page of summons says 3822.12 plus court costs AND interest. So Im lost as to the exact amount.

I am summoned and required to appear....If I fail to do so a judgement by default may be taken against me for the relief asked in the complaint.

Im not disputing at all the fact I charged the credit card and stopped paying....I did however try several times to set up a payment agreement with Discover to pay off the debt with lower than minimum payments. They asked what the most I could pay a month would be. Based on my income and other bills at that time I said $40/month. They would NOT accept this payment. They countered with $60/month and only if its direct automatic payment out of my checking account every month. And now were back to one of the biggest problems I have with managing money....EFT withdrawals. Ive tried to get rid of every EFT I have since they started causing me grief a couple years ago. (Im Im 10 cents short all of a sudden Im $30 in the hole for overdraw then its an avalanche)
Another recent problem and maybe a factor in court? is I have no income at the moment. Im fighting with MetLife for disability(which is common Im told) and I can not convince my Dr to sign a work release so I can go back to work

Enough excuses as to why Im in debt....my question is....Do I bother showing up for court? or is it just going to be a big embarrassment for me? Discover has never been anything but rude to me when I try to set up a payment arrangement and I cant see going to court making it better.

Maybe this is a dumb question but Ive never been sued before.
Thanks in advance for any information

P.S. If anyone can help me with MetLife and disability I would really appreciate it.


First off I'm sorry for your situation. You really should show for court. It would look better on your behalf. Plus you can explain your financial situation to the judge and he may be more lenient. My suggetion for always overdrawing funds is when you can and get on your feet throw an extra $100-200 in your account and pretend that it isn't there. You can not add it in on your balance and make a note in the back of your bank book. This way you aLWAys have a saftey net there. Its sucks to pay late fees and over the limit fees on a few dollars. I know right now you are out of work but sometime you get the chance.
Also why not go get a slip from your doc and take it with you to court so that the judge sees you are being honest and upfront. You cannot hurt yourself by showing upo...but you m,ay be able to help yourself...Good Luck. Stop back and keep us posted.


lrhall41

Submitted by fireyone_02 on Mon, 04/21/2008 - 12:10

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I would say one should always appear in court to any summons (and it's exactly what I plan to do should I get summoned). It's your only opportunity for a judge to hear that you offered to make small payments and that they were outright refused.

I don't think the EFT problem holds much weight to a judge... I can almost hear him saying "you are an adult, control your bank withdrawls." Then again, I am in no real position to offer advice of any kind around the debt, other than "don't miss court."

Also, why type of DI policy do you have with Metlife? I am in the financial/insurance industry. If it's a gap policy (bought outside of group coverage at work), your doctor simply has to consent on their form that you are unable to perform the duties of your job (or any job, depending upon the restrictiveness of the policy description). Do you also have group coverage at work? Long term/short term? Have those kicked in, if so? Have you looked into Soc. Sec. Disability? (you would not be able to see your own doctor to qualify for this, but it's worth a shot if you are truly disabled or ill)


lrhall41

Submitted by Saxwoman2 on Mon, 04/21/2008 - 22:21

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Should I contact the group suing me before the court date?


lrhall41

Submitted by on Thu, 05/08/2008 - 18:22

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First off...Im having trouble signing in...this is why Im as a guest again.

Ok..I went to court. Thier lawyer did not show up but sent someone to represent them. I asked for time to get a lawyer or make a payment arrangement. The lawyer sent me a letter saying they would accept 2,876 on a $3945 debt or 220/month on the full amount. Niether of which are possible for me at this time. I called them to try to work out a different payment arrangement. I have $1600 I can give as a lump sum (from selling personal items) or I can pay $100/month.
They will accept $2500 lump sum or $100/month for 4 months then back to $220. They stated this is because of my disability.

This is the best they offer...
what should I do now?
Thanks for your help

P.S. I worked things out with metlife so far


lrhall41

Submitted by on Thu, 06/19/2008 - 14:41

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I havent the slightest idea...this is just what they offered. I forgot to mention when I called the number provided to make payment arrangements the person answered the phone "hello"
What kind of lawyers office answers the phone "hello"?

Baker Miller Markoff and Kransky LLC is the firm. 29 N Wacker Drive 5th floor in Chicago

Alicia Thomas is the contact number I was provided with


lrhall41

Submitted by on Fri, 06/20/2008 - 12:14

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Nothing...gave me a different court date and a chance to find a lawyer. Unfortunately I did not have a chance to speak to any of thier lawyers since they were only "represented" in court.
I dont understand how you have representatives FOR representatives for Discover.
That and answering the phone "hello" is how a person answers thier home phone. Am I wrong?


lrhall41

Submitted by on Fri, 06/20/2008 - 14:24

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Discover are sharks. HIRE AN ATTORNEY who specializes in fighting CC debt. They MUST prove that you owe the debt and the paperwork and burden of proof is 100% on DISCOVER. I just fought them and WON. $19,000.00 of debt GONE because they can't prove I owed them. This after 3 years of battling and offering to settle at 40%. They refused so I let them sue me and WON!!!!:D:D:D:D


lrhall41

Submitted by on Fri, 01/28/2011 - 15:44

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