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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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A citation was delivered to my home from Discover Bank against

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A citation was delivered to my home from Discover Bank against me. I am disabled with SSDI which amts to around $400. If I do not answer w/n 15 days a suit will be filed against me. The document says I have been sued. Next month will be 3yrs since I have had any contact with Discover card. Three yrs ago my husband and I lost everything because of illness and the economic collapse. We even lost our home and are still living with my daughter and her family. I am summoned to comply with the request for Admissions filed with Discover bank on the 10th day of June 2013. A true and faithful copy accompanies this notice. and to reply thereto within a delay of not less than 15 days after date of service hereof. It is a Petition in Suit of Open Account. What should I do I have no money.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. The statute of limitations in Louisiana is 3 years on a credit card account. So, if they file a suit within 3 years of the last payment you made, then you would still be within the statute of limitations. And, if you owe the money, they could get a judgment against you. BUT, getting a judgment and collecting a judgment are two different things. Even if they go to the time and expense of getting a judgment against you, it will be uncollectible. That's because your SSDI is exempt and they cannot touch it...either by attempting to garnish it or by trying to levy your bank account after it's been received. If that's all you have, then they will simply have an uncollectible judgment. You could file for bankruptcy protection and get this judgment discharged, but you don't need to do so. In the meantime, what you would want to do it contact them and let them know your solution. Whether or not they will actually pursue this to a hearing depends upon their assessment of the collectibility of a deficiency judgment. So, if you can convince them there is nothing for them to get, and that if they were to pursue a judgment, you would simply file for bankruptcy protection and get the judgment discharged—and even if you have no intention of doing so, it is still good leverage with the bank because they do not know whether or not you would… then it is unlikely the lender will spend the time and money necessary to get a judgment they believe is uncollectible in the end.



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Customer: replied 3 years ago.


Should I admit to owing or just reply to alleged debt? Could I refer to statute of limitations being up?

Thanks so much for following up. You want to make them satisfy the burden of owning the debt, proving the debt, proving the statute of limitations hasn't run, and collecting the debt. So, you want to tell them in your letter: i) prove I owe this debt; ii) prove you in fact have the right to collect the debt by producing the chain of title from Discover to them; iii) allege the 3 year statute of limitations has run because it's been more than 3 years since you last made a payment, and iv) tell them in any case, you have nothing but exempt SSDI so that even if they can satisfy i) through iii), they will still collect nothing.
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