Received a civil summons for discover card for around 7200.00. How do I proceed?
3 attorney answers
Bankruptcy may be helpful if you have other debts you can't pay in addition to the Discover bill. A bankruptcy stops the Discover case and can discharge (excuse) the debt. Otherwise, you can surf the web for information about how to handle a small claims defense without a lawyer. There are many good websites such as Nolo.com. You can always work out a payment deal with Discover if you don't want to file bankruptcy and if you have no defense to the lawsuit.
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There's no filing fee for filing a response to the complaint. However litigating and defending against the suit could end up being pretty expensive and it would be cheaper to file a ch7 bankruptcy. Whether that's the right step for you depends on your overall financial situation and can be determined by having a consultation with a local bankruptcy attorney or two.
If discover gets a judgment they can put a lien on your home and levy against your bank account. We don't have wage garnishment in NC. The court will not set up a payment plan though you might be able to make payment arrangements but don't expect them to be what you feel you can afford. They probably won't take your car but they could clean out your bank account. I strongly suggest you call some bankruptcy attorneys on Monday.
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There could be a much better and more cost effective alternative. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced NC Bankruptcy attorney will be able to determine which type of Bankruptcy, if any is the correct one for you. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.