Discover Lawsuit: Saved By Missing Paperwork

by Mark Brinker

We won!Below is an email I received from a former client last week regarding an alleged debt he had with Discover. We are posting it here with permission in the event that this information will help others in a similar predicament.

“Mark:

Discover filed suit against me back in March 2011 for approx. $20,000.  I called them prior to the suit and offered a flat $4000.00 to settle. They were BEYOND rude. Threatening all kinds of action – telling me I would lose my house and potentially my job if I didn’t pay in full. So – I said “sue me”.

I hired a local attorney who challenged the suit asking for the original signed application, proof of charges etc. Discover backed down and the judge dismissed the case with prejudice so no chance of them ever coming back on me.

While I am not proud of this – I have NO guilt because Discover had a chance to get $4K. In the end, they ended up with zero. It cost me $500.00 in attorney fees.

I know this is not a normal outcome (my lawyer said we had a 50/50 chance of prevailing) but I thought you might like to know.”

I would agree with my client’s attorney that this strategy doesn’t always work. But if you have no other options, you can always request that the creditor prove their claim with legitimate supporting documentation and hope (and pray) that they lost the paperwork.

Again, this strategy is not foolproof, but in this case it worked.

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