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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?

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Attorney answers 4


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.


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


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)
Twitter: @RStempler

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Christian Tyler Spaulding

Christian Tyler Spaulding


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!


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.