Legal Question in Credit and Debt Law in Pennsylvania
Hello, I am being sued by Discover card - I have previously replied to their original law suit March 22, 10. Today I received a "Plaintiff's request for admissions and interrogatories directed to defendant" letter. There are six items listed. Five of which are taken from copies of cardmember statements and the other being "defendant agreed to the terms and conditions of the Customer Agreement" (in which is just a copy of their agreement (no signatures). They have yet to provide anything in which has a signature. How should I reply to these items?
I can break down the questions for you if need be.
2 Answers from Attorneys
You don't say how much the $$$ in issue is, or if the debt is yours, etc. If you dispute any of it, you need to respond to the complaint saying you owe nothing, or the amout claimed is wrong, or they are not ceediting you with payments made etc. If you want a copy of your agreement with them, you must request it in writing. Demand proof of the debt, with an accounting of all original amounts they claim was due, and any interest, penalties, fees and legal costs claimed. Keep in mind, they can not sue for debt over 6 years old, and that often, people buy old credit card bdebt, and they can not prove their claim at trial, because they can not get anyone from Discover to come to court, and no one else has first hand knowledge of the original agreement. 99% of the time, they will settle for 10-50 cents on the dollar, and for smaller amounts, and some times it is easier than fighting, which is what they count on... If it is any significant amount, you should probably ask an attorney for help, and if they will go away, it will happen much faster with an attorney.
Email me and I will walk you through it. You should hire an attorney to assist you.
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