Okay, my court date with Asset was this morning. Before starting, the judge imposes meeting with attny to try and work something out. We go into a room and he proceeds to show me that he has "proof of my account with Providian" ALL he has, let me say again, ALL he has with my signature is an acceptance certificate where I applied for an account, which is nothing. I told him that an accepance certificate is an application for an account, that is not even stating I even got an an account with them, no account number, basically an application, not an agreement. He started looking all over it for an account # anywhere, nothing. Basically he had an advertisement to apply for a card. Once I pointed this out to him, and informed him thatfurther, since Asset purchased this debt from Providian, that the affidavit from Asset with their one page, computer generated "statement of account', meant nothing unless there was some form of affidavit from Providian accompanying statements, account history, contract, etc., affirming records, which he did not have... He then backed off and asked me, "Well what do you want?" I told him I wanted proof of an account at all. He has nothing that even stated I had an account at with Providian, only that I applied for one at one time, no date or anything on this. He says, let me get a continuance and get the information you need from Providian and we will work this out. I stated it is not just for my satisfaction, but he needs to be able to satisfy a judge. In my complete ignorance, which I of course realize after the fact, I agree to a 60 day continuance. What I should have done, is challenged him to either dismiss or go to the judge with what he had, which in essence, and he knew, was nothing, and take my chances with the judge. So now, here goes. He has the sixty day continuance. Can I not agree to anything further after that, and tell him to either show it or dismiss? I realize I should have done that this morning, but it was my first time in court, intimidated, and other than this, held my own. Go ahead and critique me. He knows what he has to have now, but I don't think he is going to be able to get it. Thanks to everyone for their input in the past. Feel free to chime in with ideas now.
No critiquing from me! i have never been in that situation. i would think at that time you could demand dismissal if they don't have evidence. my only concern is that the 60 days will give them time to obtain it. what are your thoughts on them getting the proof?
I really don't know. He says he will contact Providian and get them to send him copies of statements, but I wonder if he can get them or not. You would think that if they (Providian) are the ones who sent him the acceptance certificate, then they would have sent all they had, maybe that is all they had....I could really kick myself for not realizing it on Tuesday that I actually had the advantage and didn't use it. I think he just assumed I wouldn't show and he would get default judgement. Use this as a lesson people. Never, never just ignore a summons. At least respond, make them work for it. If you don't you are handing over your credit for a long time to come. Everything I know, and believe me, it isn't a whole lot, I learned from here, and from places this site led me to, so if I can do it, anyone can. Anyone with any ideas on what to do next? Can I file for dismissal at the next hearing?
kind of an off-thought...would you have enough to settle if he came to court with the "right" validation? jsut thinking of a way to keep it off your report should he actually get it. and i did talk to a lawyer friend and he was shocked that he even got a continuance since he filed the suit he should have had the proof ahead of time. he also told me that you can file for dismissal BUT you may want to talk to a lawyer in your area to confirm that.
I think because I agreed to it. If I had not agreed to continue, I don't know what would have happened, I probably could have gotten a dismissal, but I was so into what was going on and trying to be on my toes, it just passed me by. I think I can file for dismissal if he tries to continue again. I don't think he can get the documentation. I would assume that whoever he got the application from, that was all they had, or they would have sent it then. Just my thinking. I have a feeling Providian has purged it all, or won't bother to help since they don't own the account anymore. It isn't Providian's money anymore, so I don't see them going the extra mile either. I have a feeling that once debts are sold, whatever information they send at that time, is all they send. I am not sure if CAs actually get much cooperation once the debt is bought. I could be very wrong, but no one I have dealt with along the way ever seemed to have their sh** together.
Thank you so VERY much Ih8debt. It has helped me tremendously in showing me not to be intimated by them. After all, they have done nothing since I filed my counterclaim - nor have they ever validated upon my request. I am pretty sure that they will show up - if for nothing else but in hoping that perhaps I may not show (although they are certainly aware of my filings in defense of theirs). The post you bumped for me shows me that I can once again show proof I have asked for validation and not received anything to even show that the debt it mine. (I of course am hoping since they have produced nothing in the past two years, that they don't have anything. No other collector has been able to provided me with anything in the past either). Again - thanks so much.
ih8debt - you repeatedly show what an asset you are to this board and how lucky we are to have you here!
Glad I can help - this one post stuck in my mind - I'm glad I remember it! And Jen - right back atcha!
