Atlanta, GA asked in Collections for North Carolina

Q: If I received a Motion for Summary Judgement do I need to show up to that court date?

I’ve been working with a debt settlement company for almost two years and my discover acct is the account that I received a Court Calendar and a Motion for Summary Judgement. I’ve almost been making payments to my debt settlement company for two years as well.

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • Collections Lawyer
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: You won't go to jail if you don't show up, but a judgment will be entered against you for the full amount owed. In order to keep a judgment from being entered against you, you need to file an Affidavit which controverts one of the facts necessary for them to get a judgment. That needs to be filed no later than 5 days before the hearing and mailed to Discover's lawyer (two days plus three days for mailing), and then you also should show up for the hearing to argue your case. Discover is one of the toughest creditors out there. They rarely settle for less than 70-80% of the amount owed. Your debt settlement company is probably sending your money to creditors who don't sue and are willing to take 40% or so to settle, because that gets your debt settlement company more money in its pocket because they get a higher fee (since they "save" you more money). Discover also rarely works with debt settlement companies (I bet your company never disclosed that to you other than the fine print in your contract). You really need to speak with a bankruptcy attorney ASAP to learn about all of your available options to resolve your debt. Debt settlement companies can't give legal advice and they don;t want you to file bankrutpcy because they won;t make money off of you that way. You may have assets which Discover can take if they get a judgment against you and you don't make an agreement directly with them to resolve the matter. A bankruptcy attorne may tell you that Discover can;t take any of your assets and that proceeding with the debt settlement company will be okay - but if you have never spoken to a lawyer about your debt problems, you have not received a full and fair analysis of your situation.

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