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    Was just served last night!

    I'm filing charter 7 pro se and have just been taking my time doing a little bit here and there, read the NOLO book probably 3 times. Well last night there was a knock at the door and a nice man served me with a notice Discover card is suing, I always heard they were one of the worst for suing. Better nail things down in the next couple of days!
    Filed Pro Se- 12/15/2009
    341- 2/17/2010
    DISCHARGED- 3/18/2010

    #2
    How late were you on your payments?

    Comment


      #3
      120 days
      Filed Pro Se- 12/15/2009
      341- 2/17/2010
      DISCHARGED- 3/18/2010

      Comment


        #4
        We haven't paid Discover in 11 months. Haven't heard from them either in many months.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

        Comment


          #5
          ours was a pretty small balance too, only 3K
          Filed Pro Se- 12/15/2009
          341- 2/17/2010
          DISCHARGED- 3/18/2010

          Comment


            #6
            Yes, Discover does sue a lot - they are known for that. As long as you file before the judgment comes in you'll be fine. You should have at least a month and a half before they can get a judgment.

            Comment


              #7
              Wow that IS fast.

              Comment


                #8
                I have a discover cc and was wondering about them .... how they are. I also just got told from a old pal of mine they have discover and they came after them after 90 days default and took them to court took more days on that. My friend said he didn't show up to the hearing and discover of couse got a judgement against him... My friend said hes unemployed and they can't garnish unemployment money anyways... Not sure why he doesn't file bk...

                Comment


                  #9
                  Getting served isn't the end of the road but rather the beginning. It is still a long process for Discover to go from unsecured creditor to judgment holder. It's now time to go down to the courthouse and research your answer. You can now file an answer denying just about everything except your name... You will simply not have enough information to determine if the alleged debt/amounts are correct.

                  You answer within a month, then they send interrogatories, then you send interrogatories... Then the plaintiff will attempt a motion for summary judgment, you'll object and then sooner or later the court will set a date. Figure about a year from now.

                  Go on down to the courthouse and start researching this plaintiff and other cases.

                  Comment


                    #10
                    You can drag this out for so long.......
                    Even if you got a judgement you can have it dismissed during your bankruptcy. Let them blow some money coming after you.
                    Filed 9/14
                    341 10/22/09
                    Trustees report of no distribution 10/26
                    Scheduled for discharge 12/22

                    Comment


                      #11
                      Originally posted by Bell30656 View Post
                      Getting served isn't the end of the road but rather the beginning. It is still a long process for Discover to go from unsecured creditor to judgment holder. It's now time to go down to the courthouse and research your answer. You can now file an answer denying just about everything except your name... You will simply not have enough information to determine if the alleged debt/amounts are correct.

                      You answer within a month, then they send interrogatories, then you send interrogatories... Then the plaintiff will attempt a motion for summary judgment, you'll object and then sooner or later the court will set a date. Figure about a year from now.

                      Go on down to the courthouse and start researching this plaintiff and other cases.
                      How did you get around paying a fee to file your answer ??
                      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                      Comment


                        #12
                        Originally posted by Bell30656 View Post
                        Getting served isn't the end of the road but rather the beginning. It is still a long process for Discover to go from unsecured creditor to judgment holder. It's now time to go down to the courthouse and research your answer. You can now file an answer denying just about everything except your name... You will simply not have enough information to determine if the alleged debt/amounts are correct.

                        You answer within a month, then they send interrogatories, then you send interrogatories... Then the plaintiff will attempt a motion for summary judgment, you'll object and then sooner or later the court will set a date. Figure about a year from now.

                        Go on down to the courthouse and start researching this plaintiff and other cases.
                        I'm interested in this. Would this 'technique' work in CA? I really need to buy myself some time. I haven't paid several creditors for 90 days now and I feel like the clock is ticking.

                        Thanks!

                        Comment


                          #13
                          Originally posted by AllMyFault View Post
                          I'm interested in this. Would this 'technique' work in CA? I really need to buy myself some time. I haven't paid several creditors for 90 days now and I feel like the clock is ticking.

                          Thanks!
                          not all credit cards will sue you. I have not paid my cc debt
                          going on 2-3 years now, not once have I gotten anything
                          official saying that I am going to be sued, but they sure
                          seem to know where I live at all times...no matter where
                          I move too, those collection letters keep following me

                          Comment


                            #14
                            Originally posted by dscurlock View Post
                            not all credit cards will sue you. I have not paid my cc debt
                            going on 2-3 years now, not once have I gotten anything
                            official saying that I am going to be sued, but they sure
                            seem to know where I live at all times...no matter where
                            I move too, those collection letters keep following me
                            Are you in Ca?

                            Comment


                              #15
                              Originally posted by albacore44 View Post
                              How did you get around paying a fee to file your answer ??
                              I filed an answer this week to a GE Money Bank suit. It cost zero dollars to file.
                              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                              Comment

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