I live in Fl and am being sued by "Discover Bank" by a "Law firm" I have been served (SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE) and the law firm keeps calling trying to get me to settle for over 50 % of the org. debt. The "Firm" is telling me that on the day of pretrial - they will get a settlement & it will be all over?

I had paid up until I was in the hospital for over a month & off work for another month after that. (I actually paid approx 5 months after that) then because of Medical problems I can not afford to pay Anything - some months I don't have enough to get my meds. The law firm attached the November 1 2010 statement showing the balance due in full. Also, there is another page (notarized) stating the attorney firm, acct #, balance, that the person writing the letter is a "Legal placement acct mgr" for DB CC
"has access to the records regarding debt" and Exhibit A (statement) is true & accurate. Signed. Can anyone help me? I am gathering my medical records to show that I have nothing left after normal bills. ( I did the "means test for FL" it came out a negative amount by $21.00 a month. Thanks, Lee

Please understand, the court could care less what money you have NOW, they don't care you can't pay your bills now.

The evidence of your current income and bills are not even evidence that most likely will be allowed into court.

You need to prove you either paid them, prove the debt is not owed, or for some reason it can not be collected.

If they prove in court you owe the money, they will get a judgement, if you have nothing and are living on the street, they can still get that judgement. If that judgement would put you on the street, they do not care,

If they get a judgement, they could start a garnishment on your paycheck, attach money that may be in a bank.

So finding a way to settle, would be a wise thing to do. But if you can't, then there is little you can do

The "means test" is relevant to bankruptcy. Are you thinking about going this route?