I have 30 days to respond. By Nov 10th. what if I get served? We'd like to hold off on filing until January if possible. Should I send them a DV?
BobMango- Did you get one of these?
I got the "unless you dipute the validity of this debt...." then:
This is to notify you that Discover card has retained this firm to collect it's claim against you for the balance owing on your Discover card account. At tis time, no attorney with this firm has personally reviewed the particular circumstances of your account, and no decision has yet been made as to whethere further action is appropriate. After reading the important notice above, if appropriate, please call our office to resolve this matter. If you agree that you owe this balance, but are unablet o pay in full and would like to make a payment arrangement, you may call this office toll free XXXX ask for J. T.
Then it's signed by an attorney.
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Bishop, White & Marshall- anyone have any experience with them?
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Be careful here. In some states, the serving of a summons is done prior to filing the case. After service, the plaintiff, or plaintiff's attorney files the case. The date when you were served can be a valid date for you to respond.. You are probably okay if you are filing within a few weeks, but this might be a small claims issue and these can happen quite fast: no response, then immediate judgment. Once the judgment is granted it can take less than a week to get a writ of wage garnishment served on your employer. This depends upon your state and how quickly the plaintiff's attorney keeps up with their cases. In addition, a bank account writ can be ordered and the garnishor can have 14 - 20 days to send you a copy of the writ. I'm lucky in that I get paid once per month and my employer's human resources always gives me a call when they receive the writ.
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You have to be notified before anyone can touch your bank account for any reason. And prior to that a judgment has to be in place. There is a lot of legal dance steps that have to be done before it gets this far, so if you are planning to file in November, you are more than safe.Originally posted by BobMango View PostCan't really say what they are like but I just got a summons from them on the 15th of October. Date on the summons was Sept 21st. This is on a Chase account for $5K that I last paid on in January of this year. Summons indicates I have 20 days from the date of service to respond.
The summons did not have a number, which as I understand means it has not been filed with the court yet. Waiting to hear back from my attorney but getting ready to send them a notice of appearance and answer. Should be filing Ch7 the first week of November so may not matter, but I don't want to find my bank account mysteriously emptied. I think the only account I paid them from is closed now, but why give them a shot?
Good luck.
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Can't really say what they are like but I just got a summons from them on the 15th of October. Date on the summons was Sept 21st. This is on a Chase account for $5K that I last paid on in January of this year. Summons indicates I have 20 days from the date of service to respond.
The summons did not have a number, which as I understand means it has not been filed with the court yet. Waiting to hear back from my attorney but getting ready to send them a notice of appearance and answer. Should be filing Ch7 the first week of November so may not matter, but I don't want to find my bank account mysteriously emptied. I think the only account I paid them from is closed now, but why give them a shot?
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Bishop, White & Marshall- anyone have any experience with them?
They got a hold of our discover card, now it's been charged off for a month. They have lawyers in the Bar, in the state I'm in.
Just wondering if anyone knows anything about them, and how quick they are?Tags: None
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