Credit Basics > Credit Related Scams to be aware of

Threat to file a Summary Judgement

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BrokeBob:
Welcome to Debtor Boards, which we sometimes call DB.  Not to be confused with Discover, which we sometimes call DFS (Discover Financial Services).

So, they kept calling you at work.  Did you ask them to stop?  If so, that is an FDCPA violation, not to mention harrassment and invasion of privacy. 

They kept collecting after you asked for proof?  Did you ask, in writing, within 30 days of receipt of the first letter they sent?  If so, that is an FDCPA violation, not to mention harrassment and invasion of privacy.

Does your state allow them to collect the legal fees?  If not, their threats are an FDCPA violation, not to mention harrassment. 

It may very well be they are engaging in the tort of Intentional Infliction of Emotional Distress.

Remember, you are facing a court of law, not a court of justice or a court of morality.  Play by THEIR rules, and you can win.

If I were in your situation, I would strongly consider sending them a notice demanding arbitration and saying you will initiate in JAMS.  Then, a couple of weeks later, I would initiate in JAMS, and file an MTC with the court.  I would file against DFS, the law firm, and the nasty atty.

Ignoring your settlement offers is NOT a violation, and should make zero difference to the judge.

If any of the above paragraph is even slightly confusing, you should read the arbitration section of this forum very thoroughly and carefully.

If not, read the stuff anyway to pick up some tips.

Once you have filed, YOU have the better hand,  YOU can demand a settlement YOU want.

In fact, in many cases the OC won't persue an expensive JAMS case for that little money, esp. if there are FDCPA violations. 

Sometimes they just walk away from the mess, and you don't pay anything.

Other times, people on this forum have used JAMS as a way to negotiate settlements of 10% or even less, all the way down to 0%.

Oh, and oay attention to what the admins say about your writing style.  You don't want to write in a way that hurts your cause, 

Fighting Irish:
A BIG question about what's been happening: is it Discover who is telling you that you need to show up at a "pre-trial conference"? Or an attorney?

If it's Discover themselves, they aren't subject to the FDCPA. But anyone they hire to try to collect from you is. A collection agency (CA) or a law firm. Or, every member of the law firm who's ever talked to you or sent you a letter or left you a message on your telephone.

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