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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I was sued by Discover in State Court of Gwinnett County.

Customer Question

I was sued by Discover in State Court of Gwinnett County. Obviously I owed the money and it was found in favor of Discover. However, I have had no income since 2009 and provided documents showing so. The last "Order on Judgement on the Pleadings" read:
The court, having considered Plantiff's motion and all pleadings and evidence contained in the file finds that Plaintiff is entitled to judgement as to liability only. The court further finds that the amont of debt is not ascertainable from the filed documents, and therefore, damages in this case are unliquidated. This matter shall be placed on a non-jury calendar for a trial on damages. The Court, therefore, GRANTS judgement in favor of the plaintiff as to liability only, and DENIES judgement as to the amount of damages. So ordered, this 20th day of January, 2014. I have not heard from them until now. First of all what does this mean in lay terms. Secondly, I have no income. On July 9th I was written another letter by a new law firm who shows they are a debt collector. How do I proceed. What is the minimum a month I can send to stop further action until I have an income and can pay. The amount was $8066.55.
Submitted: 3 months ago.
Category: Legal
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is an unusual procedure.

There are two phases to any civil case 1) liability and 2) damages. The liability portion is just a determination as to who is responsible, if anybody.

The second issue is if someone is responsible, how much they are responsible for.

The judge made a decision on the first part and set the case for a decision on the second part for a later time.

You have a couple of choices. First, you can file bankruptcy and wipe out this debt as well as any others that you have. Second, you can oppose whatever it is they say you owe. Many times these debt collection companies can't prove what you owe due to them not having the paperwork.

What you need to do is do discovery on this to find out what paperwork they have to prove that you owe them money. I am going to suggest you purchase two e-books at the following links:

Both of those books explain how to do discovery to find out what evidence they have. If they don't have any evidence then you can ask the judge to render judgment for $0.

There is no minimum amount than you can send a month to stop the process unless they somehow agree to that. The problem is that if you agree to that then you are going to have to admit you owe a certain amount of money whereas if you handle it the other way you may be able to get out of owing them anything at all.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 3 months ago.

Be sure and ask any follow up questions you have.

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