member profile picture

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

Yes, I have, but they are tough, very tough. What do you owe? How long has it been? I take it this debt is charged off?

Sub: #1 posted on Wed, 07/08/2009 - 06:51


On the original debt I owed 3182, but SD is asking for 4100 plus 500 for their attorneys fees. :-( I am about 10 months behind on my payments and Discover has charged it off. My husband was out of work for a whie and the cards were the thing we had to stop paying on. Did you receive a resonable settlement in the end? I was hoping to offer them 1500 dollars.

Sub: #2 posted on Wed, 07/08/2009 - 06:55


Let's back up here. Did you receive a court summons? Is it an actual court summons? Have you sent out a dv letter to this collection agency?

$1500 may be a little low. You could try it. Just make sure you get everything in writing. NO verbal agreements.

DV them first!

Sub: #3 posted on Wed, 07/08/2009 - 07:03


I have never been sued before - but it looks offical. I had to go to FedEx and sign for it when it came. I was going to write a response and try to buy myself an additional 30 days so I could try to come up with some additional funds if possible. Do you have any advice on what I should include in my response? Should I ask them for a DV in it, or do I do that before/after?


Sub: #4 posted on Wed, 07/08/2009 - 07:08


Does it have the courts address, phone number, case # on it? Call the court tomorrow and see for sure if indeed a complaint has been filed. Do this first!

If it has been filed with the court, whatever you do, make sure you answer it and appear in court. If you don't, a default judgement will be entered by the court and you will be liable for the debt.

Send them out a dv letter. Send it certified mail only. Do it ASAP. Do you need a copy of what to send out?

Sub: #5 posted on Wed, 07/08/2009 - 07:12


I will call the court tomorrow morning and find out. It does have a case #, but not the address/phone number of the court. It just says Mecklenburg County and has District checked.

The address for SD is on the form, but it is a PO box number - I didn't think they could send certified mail to PO boxes since it needs to have a signature? Is that correct/incorrect?

When you mentioned it I searched on DV letters and found one. Thanks for offering!

Sub: #6 posted on Wed, 07/08/2009 - 07:18


Yes. Send it to the collection agency certified. P.O. box is ok. Someone will sign for it when they go to pick up the mail. Send it out ASAP.

Also, if that summons is indeed real after you call the court, please make sure you answer it. I know it's uncomfortable, but it's better than a default judgement.

What state are you in?

Sub: #7 posted on Wed, 07/08/2009 - 07:24


I'm in NC - I'll definately answer it. I hope to be able to buy myself an additional 30 days - even if they wont take the 1500 dollars I have saved then hopefully they will take something lower rather then going to court. That has to be an expense on them since I am in Charlotte and their office is out of Raliegh

Sub: #8 posted on Wed, 07/08/2009 - 07:28


Just an update for everyone. Smith Debnam would not accept any reasonable settlement at all - they wouldn't even accept the original amount of 3182 - the debt had ballooned to around 4500 with fees and in order to keep it out of court they will accept nothing less then 3800 dollars. Beware if you have a Discover account that is placed with them. They are out to get you.

Sub: #9 posted on Wed, 07/15/2009 - 04:23


I work with Smith Debnam quite a bit. For a debt collection law firm, they are reasonably decent as far as collection law compliance, and I have a hard time catching them in enough violations to sue over.

It's not up to Smith Debnam what amount they'll take to settle--it's their client's (Discover) decision. By all means answer the complaint truthfully, and get a lawyer around your area if you can.

Sub: #10 posted on Fri, 07/17/2009 - 00:52


More information
  • Files must be less than 1.25 GB.
  • Allowed file types: txt pdf jpg jpeg png.
Post as a guest
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Post as a member

Share post

Page loaded in 0.186 seconds.