Hello to all, I am new to this site and am feeling overwhelmed. I am being sued by New Century Financial Services a collection agency who claims to have purchased my debt from Providian Bank. This agency has hired Pressler and Pressler counsellors at Law in New Jersey the state in which I reside to collect the accused debt from me and now also to enter judgement against me. Prior to receipt of the certified letter from the court house this week claiming I owe an excess of 2,200 plus financial charges of over 1,000 between June 2000 and May 2003 the company sent me a letter in April with an offer to settle on a balance of 2,480.75. I have never responded to any of their letters. In answering to the judgment I would like to know if it is possible for me to state that I dispute the matter and wish to have the charges dismissed on the grounds of not having any verification of this accused debt or proof that Pressler has purchased the debt that I am accused of owing and that entry of this judgment will be damaging in my ability to acquire housing and possibly damaging in my ability to gain employment. I do not believe Providian has a contract with my signature for a credit card. Earlier this year I ordered my credit reports and know that I need to work on repairing my credit but I feel a judgment will be a horrible set back and difficult to remove. Right now I am technically not working as in not getting paid on a temporary basis for the next two months. I am concerned that a judgment will make it impossibile for me to retain the current bank account I have or open new ones if my current account is garnished. I am also interested in opening up a business in my name and am concerned that it will be a damaging thing as far as me having the ability to run my business such as getting approval from merchant banks to accept credit cards etc etc.. Is anyone familiar with going to a hearing in defense of a judgment to be dismissed? Any advice is highly welcome. Thanks so much! deius
stop ......sit down ...... and relax 1. First of all you need to read the Validation sections of this board.the 1st 3 threads. 2 you need to gather up all the documentation that you have or that they say you have... 3 get your credit reports from all three 4 go to whychats website and find out what your sol is in your state 5 then post your questions 1 point at a time 6 you are not going to alleged debt jail today( I know it seems that way and feels that way) 7 we can help you figure this whole situation out.
Don't worry about the bank account. I used to bounce around 5 checks at a time every six months for some reason. It was almost like clockwork. I still have the same account that I have had for the last 10 years.
Hi Deius First welcome to CN! Second it sounds like you either have a judgement or have been served notice of a lawsuit. If it is the latter it is very important you answer the suit in the time required by the court. From personal experience I can guarantee it is possible to successfully deal with this issue. Please check whatever papers you have received and let us know what exactly is going on. Thanks!
OK, let's start from the top. If the Providian account has in fact been purchased by another firm, in the Summons and Complaint there will be a satement to that effect. You have the right (I would say the OBLIGATION) to file an answer to the summons, forcing a trial of this matter instead of just lying down and letting them get a default judgement against you. The Summons and Complaint will have many allegations. The first ones will deal with the Plaintiff's standing to sue - that it is a corporation organized in a certain state, that it is licensed to do business in your state, that they are the purchaser of this debt, yada yada yada. The body of the Complaint will give the details of the basis if the suit - account stated, a balance owed and not disputed and so forth, and the final part will be the relief requested (starts off HEREFORE, Plaintiff demands ......yada yada). Dispute any and all of these by filing an Answer (and hopefully) a Counterclaim. In taht you deny knowledge of the Allegations in the Complaint and demand proof of their truth. If you have any FCRA or FDCPA violations against them, tehy would be the basis of your Counterclaim. Do whatever you can to increase the plaintiff's costs of litigation. File a Demand for a Bill of Particulars demanding copies of the documentary proof of every allegation made (their Incorporation appers, Authorization to do business in your state, proof of the purchase of YOUR alleged debt, proof taht there even IS a debt, so on and so forth). Hold an Examination Before Trial wherein all these documents are roduced and a Corporate Officer has to take off time to sit there an dexplain them under oath... At the last minute adjourn the EBT and reschedule. Do thios a second time, then hold it. Tie up the creditor's personnel and attorney for as long as you can, and they may be amenable to a settlement. After all, where's the gain in getting a judgement for $5000 when it costs you $10,000 n legal fees to get it? Now, on to the Banking issue. Just on a matter of principle I would be moving my bank acount now anyway, since if they know where it is and they get a judgement you can kiss your money good-bye. I use PayPal (yes, the eBay payment company) as my bank at this point for just that reason. They can't grab a bank account they can't find and doing that makes it awful hard to find. There are lots of internet banking options available. I also have an account at US Bank in St Pal MN (I live in Tucson AZ). Bill collectors will look for banks near where you live or work. Go ahead, Mr Bill Collector, find MY bank accounts. And to make it even better, BOTH these places rebate 1 to 1 1/2% of my Debit Card purchases back to me. Now, on to your business. I don't know where you are, but I cannot imagine a judgement preventing you from getting a business license. Payal also has Credit Card capabilities, so go open your account and be prepared. Better to get all this stuff lined up when you DON'T need it than have to scramble when you DO need it.
