Discover Card Summons

**poboy975** · 06-06-2007, 09:27 PM

Hi, got a few questions I hope ya'll can answer. My wife and I live in Illinois and we had a discover card about 2-4 years ago. ended up not being able to make payments on the card. they have called several times, they were completly rude and arragant on the phone. they told us that we had to pay the balance in full or they would take us to court. We did not have the money to pay in full, they asked us to ask our parents or friends for us to borrow the money to pay. we gave them several options of how much we could pay based on our budget and other bills. they refused. I asked them to send me their offer in writing, I will not do anything over the phone. I have to have paper in my hand, especially since I dont tap my own phone lines. ok I've looked at some of the other posts here, and am wondering what we can do. if we want to dispute this can we? and what do we base a dispute on? how do we present this to a judge? we do not have the money to pay this. we are barely able to make it as it is. we rent a tiny apt cant afford anything else. we had been making payments on the account up untill they told us to pay in full or goto court. a lawyer called us and they told my wife they would send us info in writing and then nothing. my wife got home this afternoon and our neighbor handed her the summons. can they do that? I thought summons had to given in person to the person. We are gonna be looking for legal help soon. we just got the summons today and only have 10 days until have to be in court. isnt that afully fast? I thought you got more notice than that. I know this is a lot, I hope that someone could help us out. thanks

**Mr. Knowitall** · 06-07-2007, 08:36 PM

You owe the money, so what would you be disputing?

How did your neighbor end up with the summons?

**poboy975** · 06-08-2007, 11:46 AM

Yes, we owe the money. Yes, we plan on paying it. We were paying it but they said it wasn't enough. That is all we can afford. We're not disputing that we owe them. They only wanted a lump sum, not payments.
All we know about the summons is that our neighbor opened the door when we walked in and said a lady had been there and wanted her to give this to us.

**Mr. Knowitall** · 06-08-2007, 12:45 PM

You can dispute service through the court, but that's likely only to result in a short delay (at best) until you are properly served. If it were me, having notice of the suit, I would be sure to file a timely answer. It may be possible to have the court approve periodic payments of the judgment that is likely to result from the lawsuit.

**RSB** · 06-08-2007, 07:01 PM

Can they garnish wages in your state?

File for bankruptcy?

**poboy975** · 06-09-2007, 12:06 PM

yeah I live in Illinois and they can garnish wages here. not sure if bankruptcy is right for me. ok question how do I answer? I'm not trying to dispute it entire claim, just disputing the amount to pay each month. from eveything I have read, we need to send some kind of reply, but what? what exactly do we need to do? we would be ok with periodic payments, as long as we can afford them. the biggest reason we are in this mess is that interest rates went so high that we could no longer afford the minumum payments. they told us over the phone that tey wanted a lump sum and that what we had been paying wouldnt even cover the interest. which was true, but that was all we could pay. they did not want that would not accept that. they would not stop interest or late fees or overlimit fees, they were not willing to wqork with us AT ALL!!!!!!!!! we were told PAY ALL OR GOTO COURT!!!! no if ands or buts. so we quit paying them and concentrated on other bills.