My wife received a law suit from Great Seneca Financial Corp. in Maryland (filed with local court). They are collecting for a unpaid credit card balance from Providian. My wife has no income. What are our options at this point? Should we answer the suit and show up in court? Please help with what direction we should take. Thank you very much. The balance has ballooned to $5,900 from $3,800.
DON'T SKIP COURT... "IF" they win they may ATTACH anything that is "JOINT" "YOU" may end up PAYING either way...
Re: Re: Law suit received I don't know...I have only been to court for STINKIN' JURY DUTY...2 TIMES (and that was 2 times too many)
Re: Re: Law suit received Do you have any idea where I could research this on-line . I live in Ohio. What are the rules or does Ohio allow bank levy's, etc?
Re: Re: Law suit received Could my wife just file bankruptcy on her own Chapter 13 or 7? I would make her payments on Chapter 13.
Re: Re: Law suit received Definitely do not skip court. As for bk, you first need to find out if Ohio is a community property state. If so, they will be able to come after you also. If not, she could file bk, but over a 6k debt, I would think hard about that, unless there are other debts that will be coming along. You can always call the atty and see if you can work out some type of payment plan. All they can say is no. Was your name or a "John Doe" listed on the summons next to your wifes name?
Depending on the circumstances, your wife may be able to answer this lawsuit and NOT get a judgment against her. This would depend on how old the debt is, that is, when she last made a payment directly to Providian. If it is more than 4 years ago, she can claim an affirmative defense of SOL (statute of limitations). In any case, she needs to not only appear for the hearing, but dispute the claim. The collection agency MUST show proof of their right to bring the suit, a copy of the account to prove the amount of claim, and a copy of a SIGNED application that proves your wife did in fact open this account. If you go to my website, linked below,and scroll to the bottom of the first page, you will see a link "How To Answer A Lawsuit"
Hey WhyChat Correction: The Statute in Maryland is 3 years on open accounts. If this Providian account's last payment was greater than 3 years ago, you have an affirmative defense ("plaintiffs claim is barred by the statute of limitations). Trust me, I know becuase I went throught the same thing in the same state for the same creditor, just different collection agency. The Collection Agency dismissed the suit 2 days before court. Read WhyChat's site about this info. Plus he's a termendous help himself if ya need him.
I think Ohio has jurisdiction, not Maryland. WhyChat, can the new owner of the debt sue for the "face amount" of it, or for what they paid for it when they bought it from Providian?
Thanks Whychat. Your website is great. I believe she made her last payment approximentally 2 1/2 years ago. Any suggestions? We do plan on answering the lawsuit and at the very least dispute the amount owed. If we do loose in court can monthly payments be set up or is it all or nothing??
Can someone please help. My wifes lawsuit is from Great Seneca Financial in Maryland. It states they are an "Assignee" of Unifund and Providian. What is an Assignee? Thanks!
So is there a good chance that Senaca Financial will get all the original paperwork easily from Providian?
Re: Re: Re: Law suit received Ohio is not Community property. I suggest that her name be removed from all bank accounts (do this ONLY by closing the accounts and re-opening them MINUS her at a different bank).
Re: Re: Re: Re: Law suit received WHAT IS HIS IS HERS...WHAT IS HERS IS HIS MOST OF THE TIME IT IS what is hers is hers...and what is his is hers too He bought the couch...THEY BOTH OWN IT She bought the freezer...THEY BOTH OWN IT She bought the car...THEY BOTH OWN IT
