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I have been served a summons on 10-23-12. I am being sued for $3609 by DISCOVER BANK thru their attys Bleir & Cox. I called DISC

Palm Desert, CA |

and they said," that my acct was closed and charged off". I know that I owe something,but not that amount.About 4 years ago my health "gave way".I was a hair dresser and my back,shoulders and ankles gave way. My income was reduced 60%. My bills kept rising and I am on a small Soc. Secy. check.The card is in my female name.My list of bills are stggering.How do I proceed without losing?I can gather up some cash but not a lot. I am an independant contracter and can work short hours.I am ahardship case as my husband has had 2 heart attacks and 2 strokes and is on Soc. Secy.Can you tell me how to respond to the summons and can I arbitrate that amount down to 50 or 60 %?Can you help me?

Attorney Answers 4

Posted

Sounds like you are judgement proof. Sometimes doing nothing is as good as answering.

This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.

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Posted

Contact an attorney ASAP for an in-person consultation to make sure

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Posted

The first video on my web site's home page explains your options in a nutshell and the blog link, below, explains your next steps more thoroughly, to get you through this. Best of luck. If you need help. my office has free consultations. Please mention this posting on Avvo.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com
Twitter: @RStempler

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

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1 comment

Christian Tyler Spaulding

Christian Tyler Spaulding

Posted

Call Mr. Stempler if you haven't already. He is an superstar expert in this area and I regularly refer clients who are attempting to avoid filing bankruptcy to his office to defend collection lawsuits such as yours. Good luck and make sure you take action; doing nothing will almost always cost far more in the long run!

Posted

Since you say that your bills are "staggering," you may want to consider a chapter 7 bankruptcy case, rather than trying to settle this debt. Discharging your unsecured debts may be better than trying to pay Discover Bank $1,500-2,000 that you cannot afford, just to have another creditor sue you for another overdue bill.

You may want to file an answer to Discover Bank's complaint, if there's still time. That will put you in a better position to settle the case, as opposed to letting them get a default judgment. Contact the nearest legal aid office in your area to see if they have a consumer law clinic or pro bono attorney the can help you complete and file the answer.

If you own a home, you shold try to avoid a default. But if that happens, your income is most likely exempt (meaning, the judgment creditor can't get it). If the bank gets its judgment, you can still discharge that debt in bankruptcy.

Hang in there.

This answer is for general information purposes only and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer.

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