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  1. #1
    Join Date
    Jan 2006
    Location
    Indianapolis, Indiana
    Posts
    1

    Default Discover Card Lawsuit

    Hello, and thanks in advance for any advice you can afford. I recently have been issued a summons for court date for debt on a Discover Card. I have not used the card in over 8 years, and it has not been active. The original debt (around $1000) has inflated to over $3000 plus about $1000 in lawyer fees with overlimit and late fees. When the "pay in full or legal action will be taken" letters started pouring in I got CCC credit counselors involved to help me. I have been paying the lawyer through them for about 5 months now ($100/month) but have still received a summons. They asked for check stubbs which they forwarded to the lawyer. CCC told me I would have to appear to dispute the huge garnishment they were planning to start. If they do this I will be starving and out on the streets. Can they do this? What should I say in my defense to the judge. What tactics will the lawyer take? CCC said that after the lawyer looked at my paystubbs the attitude was that they would press hard for the garnishment as it seems I could easily pay this. What about the other bills I have? She said they don't really care about those at all, only your gross take-home. I have two more payments through CCC before my court date. If I supplement the $100 with as much as I can and possibly a $1000 bonus I will receive before then, will this make a difference? Will it show the judge I am earnest about my responsiblity and have been on time in my payments thus far? Is there anything about statute of limitations that would apply here? Please help?!?!? ops:

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Credit Counselors

    If you had a statute of limitations defense, it was probably waived when you started to make voluntary payments. If that is the case, your credit counselor may have really messed things up for you. You should probably discuss your situation with a bankruptcy lawyer.

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