Being sued by Discover Card

[late49er]

In January of 2026 I was sued by a law firm in my local court for an old alleged debt. They say I owe about 5000. Shortly before the suit was filed the law firm sent me a collection letter and I responded promptly with a debt validation letter which was ignored and they filed suit shortly there after. If they had listened to me that would have discovered all of my income is social security, my car is 22 years old and of little value. My house is homesteaded and there is no money available to them even if they win the suit. Since they ignored my letter I jumped right in and have dedicated my last 8 months to making their life miserable and keeping track of all their mistakes. It is amazing their level of incompetence. Well we are getting to the end of the preliminaries and their failure to provide information regarding the card holders agreement will be used when I file a motion for compulsory arbitration in the next few weeks. So far I estimate they have spent at least 5000 dollars on responding to my pointing out their stupidity and filing motion such as their failure to serve me with court papers. Anyway I have been judgment proof since all of this started and have enjoyed learning how this whole thing work. My question really is they will never get a penny and have thrown away a lot of money to get nothing. If they had just been reasonable when all of this started I could have saved them a lot of money. But for my filing fee of 77 dollars I have had quite the hoot and enjoyed the whole thing knowing they lost the moment they filed. Being 77 sometimes is a good thing. Would appreciate your feedback. Just puzzles me why a creditor would be this stupid. Oh well.

[justbroke]

The debt was likely sold and the Junk Debt Buyer (JDB) is operating that they have a large portfolio of junk debt and are doing what they normally do; take things to court. While you are "collection" proof, you are not "judgement" proof. I do understand that everyone likes to use the term "judgement proof" but that is a misnomer and misunderstanding of the underlying legal status. The JDB (creditor) can still obtain a judgement that you are, in fact, liable on the account. That means they can get a finding that you did open an account, agreed to the terms, failed to pay or otherwise breach the credit agreement, and obtain a judgment.

Whether or not the creditor can collect on the judgement, is what is at issue. If you are relatively young then a creditor may just give up. But a creditor with a judgement can typically hold that judgement attempt to collect on that judgement for up to twenty years. If you ever obtained property or anything that is not protected, that judgement lien will come down like a hammer.

I think the JDB is playing the long game. They can't just always give up.

Or... they are not thinking things through and actually wasting money. But to them, this is neither a waste of money nor a waste of time. It's the cost of doing business in the world of junk debt.