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Smith Debnam in NC





Sub: Smith Debnam in NC
Mon, 11/04/2011 11:00

I just received a summons from Smith Debnam in regards to my Discover account. Has anyone been able to settle with them?



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Sub: #1 Discover accounts you can settle for 60 cents on the dollar, mayMon, 04/11/2011 - 11:00



Discover accounts you can settle for 60 cents on the dollar, maybe 50 cents if it's an old account. FIA card services will go 50 cents, maybe 40 cents if you get lucky. Don't stress out people, if you actually have cash to settle with call them and try to settle, but don't tell them everything. Make them believe things are really bad for you and if they had any sense they will go down to numbers above. If no money to settle or if you want to try to get an even lower settlement, file an answer and a counterclaim, with the counterclaim information in the answer. Any law firms that get counterclaims filed usually always will try to settle the case for whatever you are offering or at least will give you their rock bottom figure for settlement.


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Sub: #2 Providing information.Fri, 10/22/2010 - 06:12



Providing information.

Smith Debnam filed a suit on behalf of FIA Card Services for more than $8,000. I was personally served while on vacation seeing family, but did not debt validate, instead choosing to write an Answer to Complaint straightaway. With thought and research you can write a comprehensive Answer with resources on the internet. I denied all allegations and listed two affirmative defenses: 1. That the venue was improper, since they caught me at a relative's house believing I still lived there when in fact I had moved away years prior, and 2. lack of substantiation, stating that "the plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest and any fees are all correct, agreed to by contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt."

I continued by asking: "WHEREFORE, the defendant asks the Court for judgment: a. dismissing the complaint herein with prejudice."

In response to the answer, approximately 60 days later, they sent me a Request for Discovery, which is a legal document requiring you to list witnesses, evidence, and so on.
Nevertheless, approximately another 45 to 60 days later, because of the improper venue, the case was dismissed.


Bobbys2k1
Bobbys2k1
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Sub: #3 I am currently taking them on...got served sat morning for a disSun, 10/03/2010 - 17:12



I am currently taking them on...got served sat morning for a discover card. They will recieve my answer, request for production of documents, and sworn denial this week.


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Sub: #4 Smith DebnamTue, 06/22/2010 - 13:46



I got called from them and they will take payments but will still place a judgement against me is that legal If I am paying the debt?


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Sub: #5 I would reply with a payment. I ignored them and they took my brMon, 06/07/2010 - 21:17



I would reply with a payment. I ignored them and they took my brand new car. Didn't know they could do that...


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Sub: #6 well it seems its my turn to deal with these guys. what is weirdFri, 05/14/2010 - 08:46



well it seems its my turn to deal with these guys. what is weird to me is that they are representing the last debt collector who had my account not the actual credit card company. this is their first letter not a summons and i plan on replying but what should i reply with? debt verification?


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Sub: #7 lady you way overpaidWed, 04/28/2010 - 08:49



lady you way overpaid


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Sub: #8 Jerry is nothing more then a leaven. Fight him at every turn andWed, 04/28/2010 - 08:48



Jerry is nothing more then a leaven. Fight him at every turn and always request for all documentation he has for your case. And if you are feeling frisky call him at his house (919) 571-8251


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Sub: #9 I got the pre-litigation letter Friday from Smith Debnam. I callTue, 04/06/2010 - 14:28



I got the pre-litigation letter Friday from Smith Debnam. I called them today, the attorney I was supposed to talk to was busy with someone and a lady named Melissa talked to me instead. I have to say I was very worried, but she was not hard to talk to. She listened, offered $3100.00 settlement on a debt that had ballooned to $4395.49. I told her my situation, that I couldn't get hold of that kind of money at all but that I had received an offer from Discover some months (probably a year) ago to settle for $2400 and that I could probably get a loan for that amount. She said "Let me see what I can do", put me on hold for several minutes, came back and said $2640.00 but you have to pay it right away, by Friday at the latest. My boss, bless his heart, gave me a huge advance so that I could get a cashier's check overnighted to them. He doesn't pay like my plant job did (layoff and closure, my job went to China) but he has a heart of gold and won't charge me interest. Melissa faxed me a settlement letter stating that their client would accept this as settlement in full on my account and that I would no longer have any obligation to their client regarding this account.
She was very nice to me, and helpful, I can't complain at all.
I am happy with this and feel a huge burden has been lifted off of me. I don't like not paying my bills, but I couldn't afford the payment with the job I have now especially since all but a few dollars every month was eaten up by interest. That happened because I was ONE DAY LATE due to a weekend or holiday, can't remember which now but I was working long hours and forgot I had to send my payment off early to be credited in time. Discover jacked me up for that, interest rate shot out of the roof. I stopped making payments in October? 2007 and the SOL would have run out this year so I knew they were serious about litigation.
Worried? I was terrified. But it worked out well for me, I feel I was treated very fairly.


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Sub: #10 Harry - Have you heard anything else from them? We just receiveFri, 03/12/2010 - 17:23



Harry - Have you heard anything else from them? We just received a court summons from them.


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