Law suit received

Discussion in 'Credit Talk' started by tommyy, Nov 23, 2003.

  1. tommyy

    tommyy Well-Known Member

    Re: Re: Re: Re: Law suit received

    Thanks George!
     
  2. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Law suit received

    MOST OF THE TIME IT IS what is hers is hers...and what is his is hers too
    GEORGE |
    ==============
    I thought it meant The whole town owned your stuff.

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    L.......................................


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  3. ex0dus

    ex0dus Active Member

    Re: Re: Re: Re: Law suit received

    I've been dealing with these clowns at Great Seneca/Wolpoff & Abramson. They change their name from day to day I guess. One day I call and they say it's Great Seneca, next time it's Wolpoff & Abramson's operator, who wants me social security number. I say no, she asks my name. I say I'm Ron Jeremy, they just hang up after that. I'm convinced Wolpoff/Great Seneca/Platinum Financial are all the same company. I have 12 days left, and still no validation, and they never validated in May anyways. Idiots.

    anyone on this board, please call these clowns at Great Seneca/Wolpoff and ask them what the heck they actually are. See how fast you get hung up on.

    1-866-896-3996

    It's amazing that I actually got their number. It's not even listed.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

    I say no, she asks my name. I say I'm Ron Jeremy, she just hung up after that.
    ex0dus
    ============================
    Probably cause she thought you were to big to handle.
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

    Call them back and ask to speak to RON !
     
  7. tommyy

    tommyy Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

    Bump...Does anyone know what "assignee" means on a lawsuit?
     
  8. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Re: Re: Law suit received

    They can SELL or ASSIGN the debt to another company...
     
  9. tommyy

    tommyy Well-Known Member

    Re: Re: Re: Re: Re: Re: Law suit received

    George. In my case does this possibly mean Providian sold the debt to First Seneca?
     
  10. tommyy

    tommyy Well-Known Member

    Re: Re: Re: Re: Re: Re: Law suit received

    bump
     
  11. vghost

    vghost Well-Known Member

    • Yes, she must answer the suit. Not showing up in court is a bad idea. But let me ask this:

      - Was there any communication between your wife and the collection agency before filing the lawsuit?
      - Has your wife received any letter from the collection agency after filing the lawsuit?
      - Has your wife requested a validation of the debt from the collection agency?
     
  12. tommyy

    tommyy Well-Known Member

    vghost

    My wife never spoke to collection agency. Collection agency never sent anything after suit filed. She answered the suit asking for valadation. Court date set for 1/23/04. Any suggestions or comments from anyone?/please advise. thanks!!!
     
  13. pd11604

    pd11604 Well-Known Member

    Re: Re: Re: Re: Law suit received

    To continue George's reasoning....
    She Incurred the Debt You are both responsible...
     
  14. vghost

    vghost Well-Known Member

    Re: Re: Law suit received

    • Well, according to FDCPA Section 809(a) the CA is already in a violation, because they did not send you the required notice. Wait for the validation and let us know about it. Watch if they pull your report after you requested the validation.
     
  15. vghost

    vghost Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

    • This rule varies by state ...
     
  16. jam237

    jam237 Well-Known Member

    Re: Re: Re: Re: Law suit received

    Unifund purchased the account from Providian, Unifund then assigned Greate Senica Financial to collect on the account on their behalf.

    Did the suit itself contain the 809 and 807(11) notices? Mini-Mirandas?
     
  17. tommyy

    tommyy Well-Known Member

    Re: Re: Re: Re: Law suit received

    Jam237
    I do not see 807 or 809 on the suit. What is a mini miranda? Also, we have had two Attorney's both advise that even if my wife gets a judgement on this they can't touch anything that's mine except putting a lein on the house because its in both names. We have individual checking accounts, always have.
    They did mention something about if we used the card to pay utility bills or other household expenses that they could come after me for this. She only used the card for clothes shopping, etc.
     
  18. tommyy

    tommyy Well-Known Member

    Re: Re: Law suit received

    VGHOsST,
    They have not pulled my report but they did put a note on my wifes credit reports that a civil suit for $5900 has been filed by Great Senica Financial. How can they do this without valadation or judgement rendered? Is this legal? Guilty before trial begins??Obviously with that negative entry on her credit report she can't get a loan. Pre-Trial is set for 1/23/2004.
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Law suit received

    Notice of your right to dispute the debt.
     
  20. tommyy

    tommyy Well-Known Member

    Re: Re: Law suit received

    My wife received a call from her atty today. Seneca Financial would like to settle the case out of court for $1,500 and they'll give her 30 days to pay. This is approximately 25% of which they were asking for, $5,956. In the answer to the suit our atty asked for proof of signature on contract, amount owed, etc...With Seneca willing to take 25% so quickly, (our answer wasn't filed until 12/4 then it took 3 days to get to the Plaintiff atty) do you think they have no supporting documents or proof from Providian?
    What should we do? They want an answer by tomorrow.
    Thanks!!
     

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