Separate names with a comma.
Discussion in 'Credit Talk' started by bg, Oct 1, 2003.
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I think you meant to indicate that Providian filed suit.
If you do nothing and/or dont show up, then counsel for Providian will motion that the court for Summary Judgement on behlf of Providian and the judge/magistrate/justice who presides will more than likely grant this motion. From this point there will then be a judgement entered against you.
On the other hand, if you can afford it, you should consult an attorney or if you really want to throw a wrench into Providian's "works", do not offer to settle but do not simply roll over and play dead. At this point, if you cant consult an attorney then it is time to do some serious research so that you can file a properly worded answer with the court/Providian. Although I dont think either are attorney's, a good source of information would be Butch or FlyingIFR.
#1) Was it Providian who filed, or was it a CA who purchased your Providian account?
The summons should have on it who actually filed for the case.
There is a major difference. In the case of the later, you can go the validation route, to slow down the process.
I asked for validation on a Providian account last September, it was MARCH until the CA who had purchased the account was able to get ONLY 3 pages of documentation. And in the process they misrepresented the amount of the account by increasing it $140+ over what Providian was reporting on the CRA reports.
The CA quick filed using the partial validation, and when I told the magistrate that I intended to appear to defend myself (PA's requirement), the CA sold the account, (apparently) before the hearing, but didn't cancel the hearing, which was scheduled for late APRIL.
Asked the new CA for the complete documentation in the beginning of MAY, when they popped up on Experian, and haven't seen ANYTHING yet... The new CA didn't even have a chance to contact me before I slammed them with the VD.
This is another reason why to always show up, if I wouldn't have shown up for the hearing, this CA would have been able to get a default judgment without showing up, on an account that they flipped to another owner before the hearing.
1*The CA quick filed using the partial validation, and when I told the magistrate that I intended to appear to defend myself (PA's requirement), the CA sold the account, (apparently) before the hearing, but didn't cancel the hearing, which was scheduled for late APRIL.
2*This is another reason why to always show up,
3*if I wouldn't have shown up for the hearing, this CA would have been able to get a default judgment without showing up, on an account that they flipped to another owner before the hearing.
1*It was a trick to get a false judgment.
2**dirty pool haint it?
3*And you would have to pay both them and the new owner for the same account.
Double dipping at it's best.
THE END ** *** ** LB 59
luckily, i beat them at their own game, i have the old ca at misrepresenting the amount of the debt in their validation/ settlement, and since there is an intrinsic 140+ discrepancy between the last statement and the amount that they say is owed, there is no way to remedy it.
i sent the old ca as soon as i left the hearing a letter that would make enron's accountants scream...
chances are that's the first thing that the new ca has from me, i wonder why i never received a notice from them...
but its a good story to demonstrate no matter what, always show up on a court date, even if the plaintiff sends you a letter stating that everything has been stopped, because chances are it hasn't...