Hello! My fiance has received a civil summons from a law firm representing Discover card. My fiance has never had a discover card in his life. His parents hae one, but the civil summons is for him. He has never received a bill or a letter or a phone call. Apparently the card balance has been outstanding since march 10, 2006 (now its april 6, 2008). When he received the summons it had a photo copy of discovers credit card terms, but it did not have the written agreement of payment plans, nor a signed agreement of anything. His signature was nowhere to be found. He never signed anything with discover and the summons said that included in this summons pack was the copy of the terms and a copy of a written agreement, but the photocopy of terms was the only thing included.

It says that my fiance is in default under the terms of that note or credit agreement, in that said defendant has failed to make the payments due thereunder. But her has never had a credit card!

Any information would be very helpful!!!

ScottGem

NO! NO! NO! Haven't you been paying attention to the advice you've been given? You don't offer a settlement or payment arrangements until they verify the debt!!! That can be construed as acknowledging the debt.

Have you answered the summons yet?

DO NOT call anyone anymore. Correspond in writing only.If you haven't already, ANSWER the summons. Then do what you were told and send a copy of your answer to the plaintiffs requesting verification of the debt. Then wait for the hearing.

JudyKayTee

The OP isn't listening because in my opinion there is more to this story. In one post the quote is: "So apparently he opened the account and she authorized it (she was right there with us when we did all the calling to the card company)." That sentence alone makes no sense - he opened the account but she (his mother) authorized payment from her account?

I can't imagine anyone who has so vehemently denied knowledge of a credit card and has found out it is and has been on his credit report being served and making arrangements to pay the over $5,000 balance in the event it really is his card after all - ?

I'm sure the OP is being referred to the law firm so that there is one version out there, one set of requests for information, one person handling the account.

Sorry but something doesn't ring true to me.

sav4000

i've told him to do everything you have said. he is going to write a request of all information. I don't understand the whole thing myself, but i have tried to tell the story in the best way that i can. i'm sorry if it is confusing, because it sure is confusing to me!

JudyKayTee

And this is way over the line and I admit it's off base but I would think twice before marrying someone who is so financially irresponsible. Or else keep separate bank accounts. If he tells you he knows nothing about this account but is willing to pay it for whatever reason ... I'd be really cautious. It has nothing to do with being a good person - some people are just lousy with their finances.