what does an attorney placement pending letter mean from discover card

Last week received letter by usps priority mail (not certified) from Discover Card. Titiled "Attorney Placement Pending". Says they are going to proceed with Legal Action if we don't hear from you by July 31 and acct will be forwarded to attorney to obtain a judgement against you.

Full Answer

Do discover lenders send canned letters to credit card users?

Feb 08, 2022 · Maybe. The answer is not a simple yes or no. It depends where you're at on the litigation "timeline". Before your wages can be garnished or funds seized from your bank account or liens put on your property, the creditor must be awarded a court judgment against you. But before a court judgment can be awarded against you, the law firm must file a ...

How do I settle my Discover Card before it gets charged off?

Feb 12, 2014 · Last week received letter by usps priority mail (not certified) from Discover Card. Titiled "Attorney Placement Pending". Says they are going to proceed with Legal Action if we don't hear from you by July 31 and acct will be forwarded to …

What is the average settlement rate for Discover credit cards?

Aug 11, 2011 · just got an overnight letter from discover saying that the account has attorney placement pending -- it is not set for charge off till end of sept -- but I guess they are letting me know it is going to an attorney --It says the acct will be forwarded to an attorney to obtain a judgement against you.

Do you have to fall behind on Discover card payments?

Discover card attorney placement pending Hello, I received a letter from discover stating if I didn't contact them by the end of the month, my account would be forwarded to an attorney to obtain a judgment against me. I am a full time student and the only asset I have is my car which is paid in full. I'll be a student for 5 more years.

3 attorney answers

The attorney can be contacted to discuss the matter. It cannot be said for certain whether that will stop the filing of a lawsuit, if it has not already been filed. Generally, the matter will come down to whether the debt can be paid.

Tina Louise Brown

You can certainly contact the attorney but the letter may all be a scare tactic.

Penny Hays Cauley

Whether it is "legit" depends on if the law firm is in state or out of state. Only an attorney licensed in your state can file a suit against you on behalf of the plaintiff. Some law firms are nothing more than glorified collection agencies. If the law firm is from out of state, then it is unlikely that lawsuit is imminent...

2 attorney answers

Send them a letter requesting a payment plan and waiver of fee. Better discuss with them on phone. They settle these issues all the time. Don't let it go to a collection agency or lawyer because they would add their cost and fee. Lots of people owes money to banks and they are happy to resolve some and move on to the other.

Malik W. Ahmad

There isn't much you can do. First, you have no right to demand a payment plan you "can afford." They don't have to give you one unless they want to. They frequently do, but that's up to them. Second, they certainly can sue and garnish, if that's their plan. You can't stop that.

How do creditors deal with debt?

Creditors deal with things the way they want to; assignment and contingency collection agencies do things a certain way (often as dictated by creditors placing debt with them); debt buyers manage their operations and collection files in the way that makes sense for them. They can all make changes to their practices and recovery goals due to changes in the economy, internal data, legislative changes at the state and federal level, lawsuits they may have defended and lost, or succeeded in, new case law, decisions from higher courts, etc. Consumers electing for arbitration was an effective way to cause creditors and debt collectors to treat the file as a hot potato after the National Arbitration Forum was shut down several years ago. The effectiveness of the strategy was/is real, but is ebbing towards non effective as card holder agreements have been adjusted to eliminate clauses, arbitrators see this as a ploy, and creditors, like Discover, dig in and become stubborn. Stubborn can mean Discover, and other banks, are willing to spend the money taking some of the cases all the way through – even though the costs can far exceed what they can collect (especially given the fact that if they win the consumer can elect for bankruptcy).

How to contact Discover debt?

If you would like to consult with me about your Discover debt you can reach me at 800-939-8357, choose option 2. If you are dealing with an attorney collecting for Discover, and want affordable legal help to handle the court process while working toward settlement, fill out a profile on this site and get help.

How long does it take to get a Discover card charged off?

Settling your Discover card before it gets charged off (6 months late), is most often going to be accomplished by speaking with a collections/recovery representative employed by Discover.

Can I settle Discover debt?

If you want to settle a Discover debt, and have a plan and the means to do so, sending them form letters offering a deal is not the best way to go about it. Yes, there are websites full of anonymous posters who promote sending letters for this, that, and the other thing. There are merits to, and strategic goals that can be accomplished with these letters. Using them effectively is situational though. But the promoters of their use rarely dig deep enough to learn about someone’s goals and financial situation to compare alternatives. And readers of these sites often fail to volunteer the particulars of their goals and finances in order to receive more useful feedback. In fact, most people reading this, and other debt and credit related websites, do not post at all. That is not Jay. He IS on other websites, and here, looking for more feedback. That’s great. But before he got to the place where he started looking for more feedback, I assume he read somewhere that sending in a 25% settlement offer with some canned wording to Discover Card, in order to settle with them, was a good idea. It is not. It is a good way to blow the opportunity to settle with Discover for 40% to 50% before they charge off the account and place it into their collection pipeline.

Does Discover have a canned letter?

Discover, and other large credit card lenders, do have policies and protocols in place that, to them at least , would be the normal treatment applied to a small percentage of accounts where they receive canned letters (perhaps like the one Jay sent), from their card members.

How long do Discover pending charges stay on your account?

The pending charges issue is not dealt with very well by Discover. Sometimes they will remain on your account for a couple of weeks after the transaction posts. It wouldn't be quite so bad except that you can't even see what they are, so you don't know what your true balance is.

How long does a fuel card stay on?

This is an issue when you purchase fuel 2 or 3 times, they authorize the card for $75 each time and that doesn't match the fuel purchase price, then they leave it on for 2 weeks. You can't deduct your receipts from your credit limit and equal the available balance because of the holds they haven't released yet.

Is the available credit column always 100% correct?

The available credit column isn't always 100% correct .Sometimes a merchant makes a preauthorization charge and then finally charges the actual amount. Then, it could happen that two pending charges remain for a while, one will eventually post while the other one disappears after a couple of days.