May 24, 2022


If you have received notice of legal action against you by Discover, you need to respond promptly before they take a default judgment against you. Discover sues consumers who have defaulted on credit card payments and are hoping you will ignore their lawsuit so that they may collect payment through wage garnishment, property lien, or other methods of obtaining payment. 


If Discover is suing you, speak to an experienced debt defense lawyer for an assessment of your case. You may be able to effectively negotiate a settlement before your court date or even have your debt expunged in some cases. Don’t ignore their lawsuit against you as you have a chance to fight back and settle for less than you originally owe. 

Your Legal Options When Discover Is Suing You 

If you have been notified of a lawsuit by Discover, it is important to respond promptly. For the most optimal outcome, speak with an experienced debt defense lawyer at McCarthy Law for a chance to negotiate a settlement for less than you originally owe or potentially have your debt erased. Other options you may have include: 

Negotiate a Debt Settlement With Discover Before Your Court Date

Many consumers may acknowledge that they owe debt that needs to be paid. You can attempt to pay your debt with Discover before your court date. Discover is often amiable to a negotiated settlement before your court date to save time and money in a lawsuit. Even if they have some of the required documentation needed in the court case, there is still the potential that they may lose and not get any payment at all. 


For the best outcome in negotiating a settlement, working with a debt defense lawyer can assist you in obtaining the lowest amount possible for repayment and may save you time in the process. 

Promptly Answer the Lawsuit With Discover 

Even if the consumer may owe the debt, there are a few required documents that Discover needs to provide before they are legally allowed to pursue your debt. It is the responsibility of Discover to prove that they own your debt, have the right to sue, and have the proper documentation to prove that the debt is, in fact, owed. When challenged by a skilled debt defense lawyer in court, they may not be able to produce the necessary documentation. This may work in your favor, and your debt may be expunged if they cannot provide the required documents to sue. 

Do Nothing and Hope the Discover Lawsuit Goes Away on Its Own 

Some consumers are so stressed regarding the upcoming court date that they do nothing and hope that the Discover lawsuit goes away on its own. This is a high-risk option because it will likely lead to a judgment against you. A judgment means that they may be able to freeze your bank accounts, harm your credit, and place a lien on your property. This can be potentially more costly in the long run than the debt you owe. 

Complaints Issued Against Discover by Consumers  

Discover is known to harass and practice unethical collection practices in order to collect payment for credit card debt. In the last three years, Discover has had over 1,400 complaints by consumers, with over 700 closed in the last year. The following are known violations against consumers: 


  • Fair Credit Reporting Act (FCRA): The FCRA ensures that all information on your credit report is factual. This consumer act gives the consumer the right to dispute any inaccurate or misleading information found on your report. 
  • Telephone Consumer Protection Act (TCPA): The TCPA protects consumers from spammed robocalls that are made in large numbers throughout the day or during inconvenient hours. When a robocall is made, it delays when the line is picked up, or no one responds on the other end. You may be eligible for compensation if Discover violated this act. 
  • Electronic Fund Transfer Act (EFTA): The EFTA protects money that is illegally taken out of bank accounts. If Discover extracted unauthorized payments out of your bank account, you may be able to seek compensation for their violation. 


If Discover violated any of these consumer acts, you may be able to seek damages for their unethical collection violations. Speak with an experienced debt defense lawyer for an assessment of your claim and the best chance to recoup maximum compensation. 

Discover Contact Information 

Discover Card

2500 Lake Cook Rd

Riverwoods, IL 60015-3851

Speak With an Experienced Debt Defense Lawyer at McCarthy Law 

At McCarthy Law, we are experienced in dealing with stressful financial situations like a lawsuit with Discover. We are well-versed in the necessary steps to avoid lasting negative repercussions because of consumer debt and default judgments against you. The legal team at McCarthy Law knows the best ways to respond in negotiations with a company like Discover and knows how to fiercely defend you in court, if necessary, to protect your financial wellbeing. 

Don’t handle a lawsuit with Discover alone. McCarthy Law is experienced in the legal complexities of debt lawsuits and can possibly negotiate a favorable settlement for your financial wellbeing and for less than you originally owed. Speak with an experienced debt lawyer today at (855) 976-5777, or fill out our contact form.

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