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Like Five Years Ago I Had a Discover Card and Now I’m Being Sued. – David

“Dear Steve,

Like 5 yrs ago I had a Discover card for 2500.00. I paid about 1100 of it then no work. Paid another 700 to collection agency through direct deposit every mo. in the amount of 70 dollars. At the end of the year my balance was higher with interest and penalities. Now I am being summoned to court for 2326.75. By a collection agency Lawyer. I called tried to negotiate a settlement no avail.

Im laid off and on federal tier, I afford to make payments but to no avail. She laughed at me on the phone. Said then I would see them in court what do I do and how to plead to judge? I live in Ohio. I don’t have any documents or anything to prove how much I paid as it was so long ago.

David”

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The Answer

Dear David,

You might want to contact your local Legal Aid office for free legal help. They can help educate about what you can do to ask the collector to verify exactly what you owe.

You should read Most Debt Buyer Lawsuits Foiled By Inability To Prove Debt Owed for more information on how these old debts can be a problem for the attorney suing you.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

Big Hug!

Like Five Years Ago I Had a Discover Card and Now Im Being Sued.   David
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • David

    Okay they sent me a writ of interrogatories last mo. I refused to fill them out and they then sent me a letter that they are asking the court for a summory judgment. I went to court to defend myself I was going to ask for discovery and the charge-offs as well as state the account is over 6 yrs. since I paid on it. Past the statute of limitations but low and behold nobody from them was there. So the magistrate who finding everyone guilty no matter what says he is recommending trial. They don’t even show up I mean its only 2300 so I see why they didn’t want to pay for an attorney to be there. But if I weren’t I’m sure he would have given them the judgment. Any help as to now what should I do? Hire an attorney and now sue for loss of work day and emotional diress or what?

  • David

    Okay they sent me a writ of interrogatories last mo. I refused to fill them out and they then sent me a letter that they are asking the court for a summory judgment. I went to court to defend myself I was going to ask for discovery and the charge-offs as well as state the account is over 6 yrs. since I paid on it. Past the statute of limitations but low and behold nobody from them was there. So the magistrate who finding everyone guilty no matter what says he is recommending trial. They don’t even show up I mean its only 2300 so I see why they didn’t want to pay for an attorney to be there. But if I weren’t I’m sure he would have given them the judgment. Any help as to now what should I do? Hire an attorney and now sue for loss of work day and emotional diress or what?

  • Deb

    I too am in Ohio and was sued (twice so far) by collection agencies as I am unemployed and on Tier 4, soon to end. Get a lawyer to go with you to court. I will tell you from my experience that there is no “defense”-they WILL get a judgment against you but in our state they cannot seize your unemployment compensation. They can put a lien on your bank account and your attorney can get this problem solved by telling them all you have is UI. If you have other assets then you might find them confiscated, but they’d have to be substantial. I worried myself sick over all this and for nothing, really. There was nothing I could do about it and when it was all said and done it came down to the old saying, “they can’t get blood out of a turnip”. If I ever get a job I will do chapter 7 BK. Best of luck to you!

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