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'Attorney Placement Pending' letters for 3 Discover Card Accounts


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Posted by MDD (64.63.231.180) on June 23, 2004 at 02:25:41:

I stopped making payments for my 3 Discover card accounts (opened in Florida, where I currently live)back in 1/04. The 3 accounts have total debt of ~$35,000. I just received 3 different letters from Discover(one for each account), all stating the following:

"We have been authorized to proceed with legal action to secure the balance you currently owe us as of June 14, 2004.

If we do not hear from you by 8:00pm Eastern time on June 30, 2004, your account will be forwarded to an Attorney to obtain judgement against you......".

I do realize that this may just be a threat. Is Discover known to be aggressive in going after people to take to court? I've defaulted on over $230,000 of unsecured debt between March, 2002 to March, 2004, and none of the creditors have taken me to court. None of them sent me a letter mentioning obtaining a judgement against me.

Do they have to be able to serve me first in order to get a judgement, or is this process somehow bypassed in the event that my account is eligible for arbitration?

I currently have alot of money in a checking account that I once used to send Discover Card my monthly payments. It seems prudent that I immediately remove this money from this checking account. If I move the money to a different account (savings, CD or checking)in my name that was never used to pay Discover, is there any way that they can find out my account number for the other bank? When I went to apply for food stamps last year, the State of Florida had a record of my bank accounts in FL and TX, so I do wonder how private this banking account infomation really is, due to attorney contacts.

If a judgement is awarded, how long will it take them afterwards to freeze a bank account?

I'm also considering removing the money all in cash, and hiding it away for the next 8 months, until I can get involved with a business investment. However I do wonder about the privacy of safety deposit box ownership. Is there any way that they can find out about the box? I've also considered paying down my mortgage with the money that I have in this checking account that I've used to pay Discover card, but I consider that a last option at this time.



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