[Shizzle]

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 last 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? What would I have to defend? Or what is the appropriate answer to the summons?
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 from 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!

[progunr]

Some very good questions!

1- A simple answer should suffice, something along the lines of I am unable to comply with the current payment requirements. I have tried to negotiate a more suitable arrangement and have been unsuccessful. I am prepared to negotiate or arbitrate this debt prior to a Court Hearing, or at such Court Hearing if necessary.

2- You admit the debt so there is no reason to do this.

3- Unless you failed to sign a receipt for any of your charges, those signatures would meet
This requirement. If you made on line, or over the phone charges that you may choose
To dispute, those would be the only charges open to such a dispute.

4-If they choose to take you to court, you will be responsible for these charges if they win
The judgment so not answering or appearing would do nothing to eliminate them.

5 Not always. Most courts will request that you arbitrate prior to actually going before the
Judge. In some cases, you may be able to come to an agreement without making it to
An actual hearing or, you may be able to convince the Judge to lean towards your
Affordable payment arrangement rather than just be stuck with what the attorney asks
If you don't show up.

Hope that helps. Good Luck to YOU!