Discover is suing us

The creditor can at the most bring judgment against you, either to garnish your wages or your bank account. Now since you are on social security, it cannot be garnished, but your husband's wage can be garnished. If the creditor is successful in bringing judgment, you will be liable to pay the judgment amount. Judgment has its own SOL, and the creditor can start the process of garnishment anytime within this SOL to recover the debt.

What state do you live in?

We live in Texas.

Well that's good to know! Post judgement remedies in TX are almost non-existent. Wages are exempt and the exemptions are very generous. Who is suing you? IS it Discover or a 3rd party collection attorney? Does Discover still own the debt? When was the last payment on the account? What else came with the summons? A complaint, request for Admissions, Request for Production of Documents, an affadavit?

Texas Judgement exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
A debtor's homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(b).)
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)
Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)

Important info for Texas Residents:

SOL 4 years for oral, written, open ended accounts
SOL for Judgements is 10 years renewable for an affitional 10
Interest rate for Judgements is 8%

Chapter 392 of the Texas Finance Code:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htm

All Debt Collectors must post a $10,000 surety bond with the TX Secretary of State:

http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

"What else came with the summons? A complaint, request for Admissions, Request for Production of Documents, an affadavit? "

It's not a third party, but is Discover itself. It is a Citation from a Civil Justice Court. The attys are actually Wolpoff & Abramson, LLP, which are known as shysters, but are directly representing Discover. As near as I can see from my records, the last payment I made was in 2006. I think my atty is going to plead ignorance as to that. The amt being sued for is $3867.69, plus other stuff.
The Exhibit A with the suit is a screen dump which shows a charge off date of 7/31/2006.

CO normally would mean 180 days past due. So you probably defaulted in 01/06 What county are you in? If Dallas, Tarrant, Collin or Denton then Melvin Thatiah is likely the attorney for W&A.

I am in Tarrant Co. The Attys are Wolpoff & Abramson, LLP, with a list of 8 attys working out of Irving, TX. The main atty is Laura L Bedford.
It will be interesting to see if they actually show up.

They'll show...they're counting on you not showing. I would question whether or not Discover still owns this account because W&A is a Junk Debt Buyer. Have you pulled your credit reports to see how it is listed? www.annualcreditreport.com

If Discover does not won the account any longer then the complaint is flawed by listing Discover as the plaintiff.

No, it only shows Discover ... W&A not referenced at on the CR. Status is: acct charged off. $3867 written off. $3395 past due as of Jun 2009.

Acct History shows 30 days past due as of 2/2006.

One line is: Acct information disputed by consumer (Meets requirement of the Fair Credit Reporting Act). -- I do not remember doing that at all.

The original limit of the card was $2500.

8) :lol: GREAT ANSWERS NASCAR DEVIL.
I LOVE DEBT CONSOLIDATION CARE FANTASTIC MEMBERS!

Hmmm....That's interesting. Same case with me but if the CA purchased the debt and has the bill of sales (something to show that they have the rights to collect the debts) I think they can try to collect the debts.

Anybody know how long this type of court session lasts? Not that I'm booking back to back appointments ...
It's interesting that the CR says that I disputed the acct info .. I have never done that, only a few cease and desist letters. This whole debt thing escalated after we had to take care of my Mom in her final days ... my sister stole all of her money from 1989 to 1999. Mom was too embarrassed to tell me until it was too late. But then that all doesn't matter right now.
My atty doesn't think that buying the debt gives W&A the right to sue ... W&A's representative atty first told my atty that she wanted to just drop the case ... W&A / Discover did not want to.

I think your attorney is very passive. If he doesn't think that the CA has the right to collect the debts, maybe he could file a counter suit???? I am surprised why your attorney didn't request for documentation or debt validations from the plaintiff. Leading up to now you have a court day and your attorney is nowhere in sight. You need a new lawyer.

Well, if I were you, I would tell the judge you haven't received any documentation pertaining to this alleged debts. And requested for motion for discovery or Demand for Documentation. You ask the judge to force the plaintiff to show proofs. Always put the burden of proofs on the plaintiff. Tell the plaintiff that you want the original documents from the original creditor, Discover Card for accuracy sake. Don't accept their in-house accounting. Hearsay evidence. You may get another court day.

He's the atty that I have, and I'm not going to change right now. The Answer to the Court does demand proof of the suit. The only item added to the original papers was a screen capture of a DOS database with some info captured by the Plaintiff.

GREAT ANSWERS NASCAR DEVIL.
I LOVE DEBT CONSOLIDATION CARE FANTASTIC MEMBERS!
GOOD FOR YOU TANIA SUPPRTING THE DEVIL THANKS FOR SHOWING YOUR TRUE COLORS HERE SOOOOOO NOW WE KNOW THE REST OF THE STORY???????????? GET BEHIND THE DEVIL AND BACK HIM UP TANIA GOOD FOR YOU WE NOW KNOW WHERE YOU STAND!!!!!!!!!!!!!