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Shizzle · Mar 6, 2008, 11:00 PM

I have been spending the last couple of hours reading threads regarding summons on credit card debt and I am beginning to feel like there are many schools of thought! I need help to get clarification.

Unfortunately, I received a summons this evening on a Discover credit card debt... no date, just a request to respond within 20 days. I had fallen behind on my payments about 10 months ago due to job and health. Every time I have called (or taken their calls), I have tried to work out payment arrangements. Each time, they have been unwilling... demanding that I pay in full or pay $900 per month, neither of which I can afford. (Heck, if I could afford to pay them $900 per month, I wouldn't be in this predicament!)

Here are my questions:
1. On many of the threads, it appears that the recommend is that you let the court know that you are going to dispute/defend. Is this merely to "buy" time?
2. Most also recommend requesting a validation/verification. Even if it is to the original creditor?
3. I have seen some threads talk about the idea that if there is no signature on the contract, there is no contract. Am I misunderstanding this?
4. Finally, all of this scares me a bit because if I do these things, won't I potentially be incurring more costs to their attorney?

I'm not saying this debt is not mine... it is mine. I have attempted to get Discover to work with me and they are unwilling, so now I am faced with this summons. There is no collection agency involved, as all of my communication has been directly through Discover. Which leads me to the last question:

5. Most people recommend throughout these threads that you should NOT skip out on the answer or court date. But how can I possibly "win"?? Won't a judgment be placed on me regardless if I am there or not?

Thank you, in advance, for your help!

ChihuahuaMomma · Mar 6, 2008, 11:11 PM

I think the fact that they are completely unwilling to make REASONABLE payment arrangements with you will run in your favor.

But definitely go to court, because that just looks really bad on your part, for one. And for two, you won't get anything worked out if you don't go. Maybe the judge will make them give you a REASONABLE payment offer.

Good luck to you.

Shizzle · Mar 7, 2008, 10:41 AM

Thank you for your advice! So how do I respond to the summons? That I am disputing, challenging or??

ChihuahuaMomma · Mar 7, 2008, 12:02 PM

That part I don't know... Hopefully there is someone here that will be able to help you with that. I know very little about this process. I do know some about debt though, so you are not alone.

Here's a little piece of advice, once it's paid off, check ALL three credit agencies and make sure that it is no longer on your credit history. I paid off three debts in July and they are still on my record. It's ridiculous.