Discover credit card company is taking me to court. What should I expect to happen?

Question

Live in the state of texas

Answer 1

Well, if you paid your bill, nothing. They'll put a judgement on you and so forth till its paid. Discover if famous for this. Good Luck.

Answer 2

They will present evidence that you owe them X amount of money, to which they will have added finance charges (additional) and collection costs (attorneys, court, collectors, et al.)  If you can't present evidence to the contrary; e.g., if you don't show or if it's all true, the judge will grant a judgment in favor of Discover/Sears Financial Services or whoever owns the co. now.  If you don't show, what's known as a default judgment will be granted.  After either of these judgments is granted, collection falls again on Discover's shoulders; they may garnish your wages (additional fees will be added again,) a lien could be placed on any bank accounts you have, on your home, or they may levy some other asset(s) you might own.  After they have collected all of the principal, interest, fees, costs, finance charges, etc., they should file a satisfaction of judgment with the court.

Answer 3

If that is not an idle threat(which I don't think it is) you can expect to lose and a judgment entered against you.  They do not sue people in a court of law some minor transgression--it has to be a big one.  You don't say why they are suing you but it must be serious.  You won't be sent to jail since this is a civil matter not criminal.

Answer 4

if the charges are acurate then they will win a judgment and you will pay. They can attach a lien to your property and or garnish your wages. Offer them a settlement and see what happens. But if they proceed your credit score will drop like a rock as it will become public record

Answer 5

Well if I were you, depending on the amount, if its a small

amount just try to pay it off, but if its more than lets say

10k, you can plead your case to the judge its not only the

creditors who win by default, people at least right now with

the economy are falling in very hard times, the judges know

this, you loose your longtime job, illness, kids goto college,

medical expenses, disabilities and sometimes it takes a

while to recover. I know people sometimes can be very

insensitive and just say, duh, its your bill, pay it, they dont

know your situation, now if you do have income, you still

have toshow up, thats how most creditors win by default,

cause people are scqared to show up, go before the judge,

most are very reasonable, tell him how you got into that

situation and that youre willing to start paying a resonable

payment plan, now if theres no income, no assets, there

willbe a judgement but it doesnt go nowhere it just means

that theyll keep pestering you until you can pay but you also

have the statute of limitations, depending on your state here

in Texas its 7 years, we as adults have toget educated about

our credit, nobody teaches that in high school or college.

You can alsogo to creditboards.com and learn about some

tactics of collections agencies//creditors.  So Good luck!!

Answer 6

Have they actually served you with papers to go to court or are they just threatening you?

If you have been served-

1- if you have some money to settle, call them and start at 10% of what you owe -- no payment plan -- i would not pay more than 50% of the original amount- this will be for payment in full- while renegotiatig never admit to owing debt

if they don't settle go to step 2

2-prepare to have a defense- dispute something-- the amount proof that you owe it,  harassment  etc.- you want it to go to trial

if  it does go to trial they will be more apt to settle-- again start at 10%.

if it does not go to trial and they get a judgment. Assess where you are vulnerable and attempt to settle . Start at 25%---

3- A judgement means nothing if they cannot execute it.  structure yourself so they cannot execute it. do your research

I feel they will most likely settle some where along the way uless you have  vulnerable assets they can get to.

Answer 7

Well for the  good news, 100% of your income in exempt from wage garnishment.  So if they do get a judgment all they can do is work out a payment plan or seize any funds you have in a bank (only a Texas Bank)

If the debt is older then 4 years, then it is too old to collect in court, you could use the "beyond the states statue of limitations defense.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.