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    foxfire1's Avatar
    foxfire1 Posts: 2, Reputation: 1
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    #1

    Jun 1, 2009, 09:18 AM
    Appropriate response to summons
    I have received a summons from an attorney retained by Discover card to collect my credit card debt. Resident of Mississippi. My questions are.
    (1) If I send this firm a letter of validation do I need to also send a copy to the court? The
    Summons says I have to file a response to the court within a reasonable time thereafter.
    (2) Does anyone have a copy of a letter of validation that is appropriate to respond with?
    (3) This firm called me and wanted to know if I wanted to set up a payment plan. The
    Fees they have added for their firm is $ 966.00 which is outrageous. Do I have to deal with them or can I try to set up a payment plan with Discover and avert the firms legal fees?
    (4) Does sending this firm as well as the court, a letter of validation prevent them from
    Getting a default judgement?
    srh8602's Avatar
    srh8602 Posts: 1, Reputation: 1
    New Member
    		  
    #2

    Jun 26, 2009, 09:24 AM

    I have also been served with a summons by Discover & would love to know the answer to that question as well - am seriously considering chapter 13 filing
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 30, 2009, 04:24 AM

    1) FIRST you answer the summons, then send a copy of that answer to the plaintiff with a request for validation

    2) Just ask for verification of the debt and their right to collect it.

    3) Discover has either assigned or sold the debt to them, most likely they will no longer deal directly with you directly

    4) No. By Answering the summons with your Intent to Defend, you are requesting a hearing. You will need to show up at that hearing to present your defense or they will get a default judgement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 30, 2009, 04:25 AM
    Quote Originally Posted by srh8602 View Post
    I have also been served with a summons by Discover & would love to know the answer to that question as well - am seriously considering chapter 13 filing
    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. I've left your post here since I've answered the OP. However, if you need to ask a follow-up question please start your own thread.
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