I received a summons from a debt collector and they say they are the suing me but it states Discover Card Bank as the Plaintiff. I called the credit card company and they said the account was charged off. The Debt collector Zwicker & Accociated has stated in the past that they are a debt collector but on the summons they make it look like the are the attorneys for Discover card. My question is can they sue me using Discover card as the plaintiff?
A charge off is an accounting practice creditors use to update their balance sheets. A charge off does not mean a debt has been sold, cancelled, or otherwise changed. If Discover Card is the plaintiff in the lawsuit, then Discover Card still owns the debt and has hired Zwicker & Associates as their collector.
You should contact a local consumer law attorney or bankruptcy attorney to discuss your options now that you have been sued.
My answer is for only informational purposes and is not legal advice. I am licensed to practice law in Oregon and I recommend contacting a local attorney for the best help with your legal questions.
Attorney for creditors are "debt collections" so it would appear that Zwicker is both attorneys for the creditor and a debt collector. The fact that discover card "charged off" the debt does not effect their ability to sue to collect the debt.
Yes, they can do that.
The only way to get out of one of these suits is: compel the plaintiff to prove that the debt is truly yours, and that they have purchased the right to collect on it; show that the statute of limitations has passed; negotiate a settlement, where you pay part of the debt; or discharge it in bankruptcy. You should talk to an attorney to see which of these options is best for you.
Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. Jay Bodzin Northwest Law Office 2075 SW First Avenue, Suite 2J Portland, OR 97201 Telephone: 503-227-0965 Facsimile: 503-345-0926 Email: [email protected] www.northwestlawoffice.com
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline