The best course of action is to call the attorney who filed the lawsuit on behalf of Discover. If you call Discover directly they will just refer you to that person anyway. Also, it is best to try and talk to a live person rather than sending a letter or email.
You Lose: If the credit card or debt collection company wins, it will ask the judge for authority to collect its money. Your wages could be garnished. Liens could be placed on your property or forced into a sale.
You have to file a response titled ``Answer and Affirmative Defenses'' and just admit or deny the allegations of every paragraph of the complaint. File the original with the court and send a copy to the attorney for the credit card company.
If you pay off your debt or negotiate an agreement with the debt collector to pay a lesser amount before going to trial, you can settle your case and have it dismissed. But be aware that your case won't be dismissed automatically if you settle. Make sure the Plaintiff dismisses the case.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
In a Nutshell
Though there's no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you're less likely to be sued if you owe less than $2,000.
Many original creditors do not file lawsuits or they sell their accounts to a debt buyer. Discover Bank has historically kept their own accounts and pursued them by filing collection lawsuits. Discover Bank will rely on witness testimony in a “business record affidavit” when trying to prove their case against you.
Credit card companies can garnish (take) your wages just like most other creditors.
While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home.
A missed payment can result in late fees and increased interest rates, which cost you more money overall. A missed or late payment typically shows up on your credit report and may impact your credit score.
Discover is set to pay $1.2 billion to settle class-action lawsuit claims related to a card misclassification issue disclosed last year, Discover said in a regulatory filing last week.
Here's the good news — you can't go to jail for credit card debt, and if a debt collector implies that you might end up in jail, they are breaking the law as established by the Fair Debt Collection Practices Act.
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.
Your home provides security to the lender that you would pay back the debt. If you owe money for most other debts like credit cards and medical bills, you (usually) did not sign a security agreement. So, the creditors cannot seize your home to pay the debt.
You owe the full amount right away unless the judge ordered a payment plan. The court does not collect the money. It is up to you to pay, or the debt collector to collect. You may be able to start a payment plan or negotiate with the debt collector.
Short answer? No, you can't get a deportation order for debt as an immigrant to the U.S. But debt could hurt you in other ways. Here's what you need to know about how debt can impact your new life in the States – and your immigration status.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.
If you are able to pay the amount owed or able to negotiate to pay a portion of what you owe and settle the case, you'll need to also ask the Plaintiff to officially dismiss the case against you. Paying the debt does not automatically dismiss the case.