Finally served by Discover

[desperatio]

Well, 3 months after my last contact with the attorneys representing Discover I've been
served today by registered mail. The amount of the suit is $3289, plus all applicable court costs and fees. I've just gotten off the phone with my state legal aid, which was about as helpful as I'd thought (none).

I'm struggling on filing an Answer or not. It would cost money (that I don't have) just to file one, on a suit that I will eventually lose anyway. As of now I still have no income, savings, car, or property. Should I just let them have their default judgment? I know many people say to avoid these (for obvious reasons), but in my situation there doesn't seem to be much for me to lose right now.

If I could ever find a steady job my first priority would be to get together enough money to hire an attorney to file bankruptcy, but until then I'm basically destitute,
I'd literally be living on the street if not for my parents. What makes it even worse is that I know this is merely the beginning. I have Chase, Capital One, and Citi lined up behind Discover.

Any advice would be appreciated.

[Quagmire]

Desperatio, I was so very sad and sorry to hear about your current financial situation, however you are not alone . . . your situation mirrors my financial situation in many ways. I do not have a job and I do not have any unemployment insurance . . . but just trying to stay afloat with what little savings I have left, with a hope that I will find a job soon. Most days, I feel so sad & depressed, I do not feel like getting out of bed in the morning. Yet I seem to feel a little better by at least getting up and doing something constructive around the house . . . but it is not easy, since I seem to always stay depressed over my very bad financial problems since they first started this past May.

Out of curiosity, how many months were you past due with Discover before you were contacted by the Discover attorneys? How many months went by between your last contact with the Discover attorneys before you were served?

Hang in there Desperatio, because you are far from alone. I have American Express, Chase, B of A, Wells Fargo, Citi, another independent bank, a possible foreclosure . . . yet I also have Discover. Discover has been calling for almost 3 months now. Though I did not have a balance on my card, but J C Penney wrote me a letter about a month ago to say that they closed my account, due to too many past due accounts on my credit report. I just found out last week, Citi cut-off one of my gas cards (which I was keeping current, so I could get gas to look for a job), but at least they did not cut-off (for the moment anyway) another gas card I have. I had a $1,200 credit line on it, with a $490.00 balance, and they just cut my credit limit down to $500.

Good luck to you Desperatio.

Quagmire

[desperatio]

Quagmire, thanks for the kind words. Sometimes it really seems like things will never get any better, but then I read the stories of people on this site and I realize that I just have to hang in there. To answer your question, I was first contacted by mail by this law firm about 9 months after I stopped paying my cards. My savings were gone, and now I really regret essentially throwing that money away. From the time I stopped paying to the date I was served was almost exactly one year.

[tyson24]

Hi guys! I am in the same position and am filing next Monday. I totally feel your pain and hopelessness.

The closer it gets to filing the better I feel, although I keep trying to tel myself not to feel anything. It's not working well.

Discover started hounding me 3 years ago. I got served in September of last year and they had a law firm come after me with both guns blazing in January of 2010. I paid $400 for Jan, Feb and March and then I could not pay anymore. I was just trying to hold them off until I could file. They have left me alone until now. I guess they just wanted a little money from me.

With Discover, I think they will not really come after you until you get a job. They know they can't get blood from a turnip. My husband was unemployed from Nov. 08 until July of 09.

I know that nasty "what am I going to do" feeling and it is horrible.

Going forward with the BK process is finally starting to make me feel better, but I have noticed it is really a process...and a learning experience.

My discharge day will be right up there with the birth of my kids and getting married.

I hope you both find some peace- however it comes

Any questions, just IM me!

[jacko]

You can't draw blood from a tulip. I would not waste time and money to answer since you will lose. You are collection proof. Don't lose sleep over it. Be proactive with your remaining cash and protect it.

I have two judgments and zero income. Am amused that my two judgment creditors have wasted at least $1000 each in collection costs on me and will never see a dime from me.

Well, 3 months after my last contact with the attorneys representing Discover I've been
served today by registered mail. The amount of the suit is $3289, plus all applicable court costs and fees. I've just gotten off the phone with my state legal aid, which was about as helpful as I'd thought (none).

I'm struggling on filing an Answer or not. It would cost money (that I don't have) just to file one, on a suit that I will eventually lose anyway. As of now I still have no income, savings, car, or property. Should I just let them have their default judgment? I know many people say to avoid these (for obvious reasons), but in my situation there doesn't seem to be much for me to lose right now.

If I could ever find a steady job my first priority would be to get together enough money to hire an attorney to file bankruptcy, but until then I'm basically destitute,
I'd literally be living on the street if not for my parents. What makes it even worse is that I know this is merely the beginning. I have Chase, Capital One, and Citi lined up behind Discover.

Any advice would be appreciated.

[jacko]

If you knew you were going to file, why did you throw $1200 down the drain?

Hi guys! I am in the same position and am filing next Monday. I totally feel your pain and hopelessness.

The closer it gets to filing the better I feel, although I keep trying to tel myself not to feel anything. It's not working well.

Discover started hounding me 3 years ago. I got served in September of last year and they had a law firm come after me with both guns blazing in January of 2010. I paid $400 for Jan, Feb and March and then I could not pay anymore. I was just trying to hold them off until I could file. They have left me alone until now. I guess they just wanted a little money from me.

With Discover, I think they will not really come after you until you get a job. They know they can't get blood from a turnip. My husband was unemployed from Nov. 08 until July of 09.

I know that nasty "what am I going to do" feeling and it is horrible.

Going forward with the BK process is finally starting to make me feel better, but I have noticed it is really a process...and a learning experience.

My discharge day will be right up there with the birth of my kids and getting married.

I hope you both find some peace- however it comes

Any questions, just IM me!

[ryan]

Well, I also empathize with you, but I would at least consider another possibility.

You should look into whether you can apply for 'indigent status'...it sounds like you would qualify. If so, your Answer and Appearance fee would be waived by the court.
Then you could look online for some suggested templates of how to answer the complaint. Doing these things could buy you a lot of time in many courtrooms.

BTW, Discover and others will not necessarily wait until you have job to come after you. They will sue on their schedule whenever they want, job or not. I'd also agree preparing for BK sounds like it night be the best longer term plan.

[desperatio]

I made a few calls today, and there is indeed a way for low and no income defendants to waive filing fees and court costs. Unfortunately I ran into the same problem I have with trying to get assistance in the past. My household (parents) income is just over the line. I even called an attorney who's been known to do the occasional favor for someone pro-bono, but he wanted $200.
I suppose at this point I'll just let the judgments come and then the collection lawyers can have a rude awakening when I return their Debtor's Exam which reveals I am the proverbial turnip.
When I do find work I don't think it will take that long to put everything I can back for an BK lawyer, even with a 25% garnishment (hopefully). Thanks again for everyone's input, I can't stress enough what an invaluable site this is for people caught up in the debt whirlpool.

[tyson24]

If you knew you were going to file, why did you throw $1200 down the drain?

Because we had a transfer that was perfectly legit, but we needed it to fall off before we filed.

[sofargone]

Check with your court, you may not have to file an appearance. I am in Illinois and have a case pending. I thought I would have to pay a $156.00 appearance fee but when I got there, they said you just have to show up. Only pay the fee if I am going to file a counterclaim or motions. Show up and see what happens. Deny that it is yours. It will buy you some time and the judge will make them prove that the account is yours with documents. I have had my case continued twice already. Which has given me about 4 months. Good Luck!

[bladerunner]

Hello everyone, I have been unemployed over two years. At one time I was a museum supervisor. I am out of money, my bank account is 0 and my unemployment benefits have run out. I too, have not paid my Discover, Citi and Wells Fargo CC's(15,000$ total) for one year. Every time I received a nasty letter I sent a judgement proof letter(used to send certified, but cannot afford the mail charge anymore) stating that I was broke and jobless. I used to get depressed, but now I could not care less...I am hoping to save enough money (I don't know how) so I could eventually file ch 7 pro se. What really is evil though is, that a majority of employers do credit checks and now that my credit is shot, I do not know how I will ever be employable.

The recession has ended but the depression continues. good luck everyone and again thank you all BK members for your positive and sincere answers...