Discover wants to take me to COURT! Help Plz.

Submitted by saalanghae on Tue, 10/18/2011 - 16:28
Forums

I have about $17,000 (fees, penalties, interest) in debt with Discover where last paymemt was made on Dec. 2010. The account has been refered to CA and than attorney. When it was first with CA, they didn't reply to my DV request. However, after transferred to attorney office, they have replied to my DV request and sent me the documents (original signed application and statement) but after 30 days. To be exact, it has 35 days after my DV letter.

Now the attorney office (Bishop, White, Marshall & Weibel, P.S.) sent me an " Notice of intention to incur court costs and legal fees by filing suit" letter on Sep 26, 2011.

I really need some guidance here. I'm upside down with mortgage (misses few payments and still working on modifications for past 3 years) and creditcards. I still have full time job but my wife is out of work and our income is not enough to meet the demand for past 3 years. All saving has dried up and no rich friend or family to help us out.

What will be the best possible thing that can happen in this situation. I currently have another Credit Card that I'm doing settlement with. Should I contact this CA and try to settle? Do they settle for less? Or should I wait for the summon and go to court to settle?

TIA for all your responses and recommendations.

Ok. I didn't get any other contact from them since last DV response. On 11/11/11 I received Summon which was dated 10/27/11. It states that I have 30 days to response to the court.

What should I do at this point? Should I contact CA or Discover to negotiate? Or should I just file response to the court and see if judge can help me settle the debt? Another question is what actually happens when you do go to court? Does judge listen your situation and try to settle or put you on payment plan? Or do they just slam you with judgement saying "Pay all in full!"

All your comments are appriciated.

Tue, 11/15/2011 - 22:30 Permalink
crorkz (not verified)

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Tue, 08/05/2014 - 19:28 Permalink