Greetings to all in Debtland,

I am confused as to how to respond to creditors/collection agencies/lawyers - I feel like they are closing in on me. I have 2 weeks to respond to a summons from a lawyer representing Discover Card. I haven't responded yet because I've been doing research to find the best response.

Some of my concerns are:

1. Included with the summons is a notice/threat saying "SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS, UNLESS OTHERWISE EXEMPT - You must comply with the Supreme court Rules regarding ADR. failure to do so may affect your case or may result in sanctions." Does anyone know if the Supreme Court ruled in that way? I have read that this is a "sure" win for the Plaintiff because the mediator is almost always working for the Plaintiff and if he/she does not rule in favor of the bank he/she will never be asked to mediate again. The Bill of Rights (Article the ninth, Amendment VII) states that: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Is it a good idea to site the Bill of Rights when I respond? The summons also states that: " NON-JURY TRIAL demanded in complaint." is this a conflicting statement or does Non-Jury mean ADR?

2. My credit rating shows that this account was written of by the bank and yet the lawyer claims that he represents Discover. Can I question them about this?

3. It seems like with ADR the Defendant has no rights - Can I file a motion for discovery?

4. Assuming that they win, I live in South Carolina below the poverty line. It is my understanding that someone in my situation is allowed to keep the little I have for shelter, to buy food, etc. The confusing part pertains to my home. I have read that I can keep my home if it's worth $5,000 ($10,000 if married). What does this mean? Does it mean $10,000 in equity. My wife and I have been paying mortgage for 4 years (I am not even sure if we have any equity) - if they win can I keep my home?

5. I am in the process of responding to the lawyer with a registered or certified letter. Should I also send a copy to the Court and Discover Card.

All of this is quite frightening. My impression is that the rich and powerful are not obligated to obey any rules - there"s raging war against the poor. These are the most pressing questions I have right now, I could go on but I don't want to bore everyone. Any response that can shed some light on some or all of these questions would be greatly appreciated.

Seeking peace and some degree of happiness in my final years.

You received a court summons, than you will have to respond, File Notice of Intend to defend. " I cannot admit or deny the alleged claim until strick prove has been afforded to me."

File you notice to Defnd with the court and copy to the attorney for the plaintiff.

Send Discovery to the attorney, requesting a certified copy of the original contract you signed, a complete account of the alleged debt.

When you go to the hearing , if plaintiff is not there, move the court to dismiss with prejudice, for lack of jurisdiction. THe plaintiff must be present for the court to have jurisidiction.

Attoney canot testifiy for their client, not orally or in brief, Hearsay.

1) I did a quick search and couldn't find a US Supreme Court ruling on ADR. But several states seems to have ADR provisions. Not sure where you got the idea that going ADR is almost sure win for the plaintiff. Arbitrators and mediators are supposed to be impartial. Also they are appointed by the courts, not the competing parties.

2) Yes they have to prove they are entitiled to collect the debt. But having the debt written off doesn't affect you or your obligations in any way.

3) You still have the same rights to information to prepare your case.

4) Generally primary residences are exempt from collection due to unsecured debt. The $10K is the appraised value.

5) Just to the court, not Discover.

As Mr Yet said, you need to file an Intention to Defend and a request for full documentation of the debt (original contract) and their right to collect it. Once you respond, a hearing will be scheduled.

Quote:

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Originally Posted by Green953

Greetings to all in Debtland,

- I feel like they are closing in on me.

-All of this is quite frightening. My impression is that the rich and powerful are not obligated to obey any rules - there"s raging war against the poor. .

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Well, they want their money. If you legitimately borrowed money and did not pay it back, yes, they are closing in on you... they want to get paid.


Yes it's scary stuff... been there myself. Having bills and no money to pay is not a fun place to be that's for sure.

They are waging war... you can thank the new bankruptcy laws for that... they have more power and rights than ever before, perhaps more than the consumer... the new laws did NOTHING to help/protect the consumer that is struggling.

Guess who pushed the new laws in congress? The credit card companies and lenders.

Appreciate Your Response Questions About Summons.

To all who responded to my questions about how to respond to Lawyer, I want you to know that you have shed a great deal of light on the problem and it is truly appreciated. To ScottGem: I did not intend to suggest that I am not responsible for paying off the debt I was simply trying to establish who is the Plaintiff.

As suggested by mr.yet I am composing a "notice to defend" to the court and copy to the attorney for the plaintiff. What I am unclear about is; should I send a Letter of Validation at this time - if so should should it be detailed? - or is it better to just seek Discovery now?

Thanks again to everyone

Not sure what the discovery letter is, yet. My comment was going to be about your finances and the potential to have to ultimately pay this. I've been advised that you go to your court date with a budget in case they do happen to rule against you. At the time of your court date, if you lose, the judge will set up a payment schedule. Bring pay stubs to prove how much you make, all your bills that you must pay monthly, as well as a reasonable allotment for clothing, groceries, transportation, health coverage, car insurance, etc. They cannot expect you to forgo basic needs to pay these things off.

It sounds like you have done a magnificent job of informing yourself! Congrats on that! :D Good Luck! Just remember that you are not the first person to be in your situation and you can make it through.

I am being sued by a creditor and both my husband and I are receiving SSI. I do I respond to the summons and explain my inability to pay and the medical reasons that caused my debt troubles?