Got summoned today

Hi!
Welcome to the the Forums!

No you can't go to jail. Non-repayment of debt is civil offence. Visit the county court website to know about the civil procedures. Draft a reply to the summons asap. You will have to attend the court hearing. Otherwise judgment will be issued against you.

no i will not go to court, ill judge let them win default judgement i guess. Court here is like the casey anthony case, heck we even got facebook page with our local court news and i will appear on it if i go to court and the judge used to date my aunt and doesn't like our family. I'll pass

how past due were you before Discover filed a lawsuit? And had you been in contact with them?

It's not Discover that's suing me. It's a collection agency.

Am i being sued???? No idea.

What i wrote on the written defense is not what i want to tell them??



tt - I apologize. I tried to respond to your post and instead somehow ended up editing yours. I put your statements back to the best of my memory. ~OG

You should have forwarded a copy of your answer to the attorney when you filed your answer. If I were you, I'd forward it immediately.

I wonder what made you change your mind. You originally stated that you didn't care of they got a default judgment against you, and you had no desire to file an answer and/or appear in court.

Have you received a court date from the court yet? Usually, after you file an answer you can expect to receive something in the mail, which tells you when your court date is.

Also, you don't want to file one answer with the court and then forward something different to the attorney. I'm not sure what it is you don't want the attorney to see.

Good luck!

Quote:

Your documentation states that Discover is suing you...a law firm acting as a collection agency is more than likely handling the case.

They most likely will get their judgment against you unless you find a way to settle ASAP. Discover can and will produce documents.

wow 20 days hasnt even passed and just got summoned today with a court date. Why so soon, it hasn't even been 20 days and i never got a chance to send the attorneys by defense. I was planning on doing that today.

It can't be discover sueing me, it has been sold to one place to another so many times i can't even count. It just says discover card, discover isn't getting a dime. It's Lloyd and McDaniel

Google it if you want to check them out.

I was told if i don't show up i can get arrested. Im kind of lost, not sure i can even make it to court.

Our court here is like the casey anthony case, jam packed with nozy people. It will even go in the local paper, people will post i was in court on facebook, etc.

So I will be in a big court going head to head vs an attorney?????????????????????????? Defending myself????????????? with a mean judge that nobody likes here??

Anyway i can win, im scared and don't know what to do

Discover card PLACES accounts with mulitple agencies...as a general rule they do not SELL the accounts. They are simply hiring agencies to collect. Lloyd and McDaniels has been hired by Discover, the plantiff. A simple call to Discover will probably verify this.

You cannot be arrested for not showing up at the hearing. They will just get the default judgment against you. Now later down the line, they could order you into court but that is usually after the judgment is rendered.

What is your defense? Being unemployed and choosing to look after sick relatives for no pay wont cut it in court.

ok here is my big question. you said not having any money , assets and taking care of sick relatives won't cut it in court??

What if i won't be working ever again for the rest of my life? Then what?

why put in a written defense if they will win by default?

What happens on my court date. I have a court date, its in 2 weeks

They will demand me to make payment and if i dont' pay, i go to jail then after not paying??????????????:confused:


Sorry but i can't work, i have a massive headache 24 hours a day 7 days a week, all tests at doc is normal. I have a injured neck, hip, weigh 320, yes i eat good,stuff happens. Im not like other people. Nyquil can give me a cold , and an aspirin can put me in pain , bad credit history, no jobs, can't get one anyway, have no way to get to a job if i had one. I have sick relatives and i watch them for free. They occasionally give me 20 bucks here and there.

Either way, i would never work a job to pay back 1 stupid credit card when I know they called me 6 times a day and harrassing me. No i have no proof of any harrassment, phone calls or letters. all trashed.

Perhaps i should wish death on my sister, grandparents and uncle so i can get a job and pay back discover:confused:

I think you're taking this a little too personally.

First, Soap was simply saying that you need to come up with a better defense because the court won't accept "I don't have a job" as a defense.

Second, you can't go to jail for not paying a credit card bill.

Third, do you have a checking account or are you on anyone's account that you're taking care of? If so, get your name off and/or close the account. If they win a judgment against you, they'll levy the account.

And finally, have you applied for disability?

how do you apply for disability? Don't i have to of worked the past few years to get anything. Don' think i would qualify anyway

No i don't have any checking, savings account of anykind. If i did not live here at home with my mom i would be homeless.

sounds like you really need to talk to a lawyer. Check to see if there's a legal aid program near you. You normally have to apply, but it may get you the help you need for free.

Social Security Disability. You go to the Social Security office and apply for it. No, you don't have to have worked previously to qualify. You have to be disabled to qualify and, it sounds like you have a pretty serious medical condition so I would give it a shot.

update

Came in the mail
Personal and Confidential

RE: file number discover bank vs me

Dear David,

Our client is willing to accept 150.00 per month on the balance in full. Enclosed herewith
please find an Agreed Judgement. Please sign said judgement and return it to my office
along with your first payment. this client has agreed to the payment terms, contingent
upon you signing and returning this document. Be aware that the agreed judgment will be filed
with the court as a judgement against you. Until such time as you return the Agreed Judgment
to us , we are proceding with this lawsuit.

All checks and money orders should be made payable to the creditor and sent to THIS OFFICE at the address set forth below please make checks payable to Discover Bank. It is very important that the payments are received by the due date. In the event of a default, your payment arrangement is considered void and we will execute on the judgement balance. , less credit given for payments received , if authorized to do so by our client.

If you are not agreeable to the above terms, please contact one of my assistants at ---------
to discuss a payment plan that fits your financial situation. Also please find
a Motion for Judgement on the Pleadings we have filed with court

Thank you for your promt attention to this matter. This communication is from a debt collector this letter is an attempt to collect a debt, and any information obtained will be used
for that purpose. This communication is from a debt collector

Yours truly and signed by them


2nd page
Discover banks vs me , ---------- district court
Agreed Judgement
1. Plaintiff shall have judgement against the defendant for the sum of 3, 542.84 , with
interest thereon of 0 percent per annum from march 31, 2011 until date of judgement , plus
an attorneys fee equal to 15 percent of this judgement balance. plus all court costs expended by the plaintiff. , all to bear interest at 12 percent per annum from the date of the judgement until this judgment is satisfied.
2. It is further agreed that if the defendant pays 150 on september 25th , 2011 with a like
payment dude on the 25th day of each month thereafter, until the full balance including principle , interest, costs are paid off. Plaintiff shall not issue execution on this Judgment
This is a final and appealable Judgement and there is no just cause for delay

Page 3 is an affidavit where i would fill out name, number, ss number, birth, employment, address, checking savings, etc

page 4 is there direct debt authorization

page 5 is Motion for judgement on the pleadings

NOTICE
Please take notice that the undersigned will on October 13th, 2011 at 1 30 pm in the
Courtroom of the above court make the motion and tender to the attached judgement

Comes the plaintiff, by council and moves the court for a judgement on the pleadings on behalf of the plaintiff and against the defendant herein.
In support of said Motion, plaintiffs counsel attaches hereto a copy of the response received from the defendant. , after the defendant was served with Summons to this matter. Said response constitutes and admission of the averments of the plaintiffs counsel. Plaintiff also attaches hereto documentation supporting cause of action . Therefore , the defendant
is entitled to a judgement as a matter of law.

Certificate signed

Next page was a copy of my defense the got from me and the clerks office
next page is a copy of last statement where it shows internal chargeoff , interest charged in 2011 and so on

Then several pages of the credit card agreement


Okay i guess im asking what is this. Did the court issue this judgement? I see nothing of a court date for me or anything from the court or clerks office. Is this just another attempt , i assume they must of received something from the court or no? It does say they will be in my court on october 13th 2011. Do i need to be there? How do i respond, and above it stated it was appealable, but don't know what i would appeal

Also if i could afford 150 a month i would do it but not after all the harrassement , that i don't have proof of. Im sure alot of you read my last post regarding this , so Im here asking for advice. Can't believe they are really gonna drive 5 hours to this court just for me, or perhaps they are doing others also. I guess i would get a court date later on after they appear in court that day

thanks for your time