Nashville, TN asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee

Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount. I asked for the credit agreement I signed, the chain of ownership, ALL of the statements, and proof they have the right to sue me on behalf of Discover. He asked me if that meant I was claiming I didn't own the debt. I said I wasn't answering him either way. He said he didn't have any of this so he asked for a continuance because he owed me some documentation. I also pointed out that I had the right to ask for arbitration. He said I would have to pay 5k for it. I pointed out that Discover said they would front me the money in their arbitration clause. So now what do I do? I don't have the $$$$ to pay a lawyer or make a deal to pay Discover. The next court date is June 5, 2024.

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL

A: If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: If a judgment goes down against you, you probably need to file a Notice of Exempt Property with the Court. That will protect certain limited assets, but the creditor can constantly execute on nonexempt property and ask about assets under oath.

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