Expert: Apex Credit Services, LLC - 12/29/2007

Question
I just received the summons and complaint from a Law firm, debt that I could not pay to Discover. I have no job , and The amount of the principal may be around $750. They are sued me for $2330.54. I have 21 days to file an answer with the court or take other lawful action with the court. What does that mean?
1)Should I write a letter to my creditor ( Discover..?Or the Law firm?)
2) What should I say on this letter..my offer (for instance $700 paid in full..?or something around that amount?) or should I say something else?
3) What are my options (I understand that if I go to court I will end up paying court fees)


Answer
Mr. Vidal:

    Unfortunately, your options are rather limited.  With that said, you "must" file a responsive pleading in order to avoid a default judgment.  This is not a letter to the creditor or the law firm.  It is an Answer which is basically a document either admitting or denying certain things alleged in Discover's Complaint; i.e., their lawsuit against you.  This must be filed with the clerk of the Court which issued you your Summons.  You can also file a dispositive motion such as a motion to dismiss or even a motion for a more definitive statement.

    Unfortunately, if you have no experience in legal writing, any of the above can pose a daunting challenge.  Moreover, Discover is one creditor which keeps excellent records thus, attacking the evidentiary chain is typically not avaliable.

    In light of that, your only plausible option notwithstanding fighting a losing battle in court is to contact the law firm representing Discover.  I am very reluctant to say that you can settle this matter for principle alone but, you may be able to do so for about 50% to 60%.  All you can do is call and try.

          Apex Credit Services, LLC