Discover finally sues

[tod183]

My wife and I both defaulted on separate Discover cards. We filed for Chapter 7 on 08/17/2010. It seems that Discover (through Stephen Bruce & Associates) filed a suit against me that very day and the next day against my wife! According to the court records, each suit has cost them $198! Looks like we beat them to the punch and have cost them a little!

[Freddy03]

Congrats!! I wish I beat mine...LOL

[rancidd]

Nice!

[wonderingrov]

Gotta love it when that happens!

[BBQGuru]

Tod,

How many months after you and your wife stopped paying that you were sued?


Thanks

[tod183]

It was about 11 months after we quit paying. We weren't talking to them at all, had the ringer off on the phone... They were quite persistent in calling though!

[jo23171]

What if you file for BK after you get a judgment against you? I thought it erases all previous judgments. I stopped paying Discover almost 2 years ago and they never called me or sent any letters and that was for more than $10k.

[platter]

I thought after 90 or 180 days or something like that is when they begin their legal routine.

Why are there some people that don't hear or receive anything after not paying on a credit card?

[flyinbroke]

Sounds like my trip with an OC...I initiated arbitration, which means no one is allowed to sue (you or them.) They paid over 200 to sue.

Then they got the bill for arbitration, which is 800. They paid. They ultimately nonsuited/dismissed.

They have now received the retainer for arbitration, which will be around 2-3K.

WHether you fight or decide to BK, spending their money is priceless. Especially when they won't recover it.

[tobee43]

What if you file for BK after you get a judgment against you? I thought it erases all previous judgments. I stopped paying Discover almost 2 years ago and they never called me or sent any letters and that was for more than $10k.

well actually after the bk is discharged you have to go back and file a motion to vacate each judgment....so really any outstanding judgment can be removed provided it's a judgment that falls within the guidelines of dischargable.

[tobee43]

I thought after 90 or 180 days or something like that is when they begin their legal routine.

Why are there some people that don't hear or receive anything after not paying on a credit card?

well they can and they can't depending on the what type of debt it is...if you are in a no asset chapter 7 usually a creditor will file and adversary procedure, attempting to stop the debt from being discharged. most have to prove fraud...which is quite a burden to prove..but it doesn't stop them all.


well...we moved 1700 miles away and had an unlisted phone number so they cc's couldn't find us to either call us or serve us, if they wanted to. also....i had wasted my time and sent each a certified letter explaining we were losing our house and our address would be on the streets no thanks to them...as they took all our cc's from 5-7% up to 39.99% even though we had never been late in 40 years ( we had over 200k on the cards from medical bills and were paying them over 5k monthly so i could continue my treatments and they knew that, apparently the 5k was not enough..also one of the cc's we had just cashed in one of our 401's and pd them 48k because we knew we needed the money for another surgery...i called them to let them know i'd be charging 20k that day to a doctor and wanted to give them a heads up since it was going to be such a high amount...the bank said no problem you have been with us over 25 years and always pay....until i got to the doctors office that afternoon to charge the 20k and the bank closed the line and the account within a matter of hours...)....so they now can deliver their summons to the gutter as far as i cared.

they never found us.