Providian is suing me

Discussion in 'Credit Talk' started by hockeymom, Jun 2, 2002.

  1. hockeymom

    hockeymom Well-Known Member

    I found a Jefferson Financial Svc Inc on a different road in Louisville, KY as well but I'm not sure if this is the right place.

    Hockeymom
     
  2. Why Chat

    Why Chat Well-Known Member

    OK - YOU GOT THEM !!!
    Kentucky DOES NOT require licensing or bonding of collection agencies. Michigan law says that for a collection agency from another State to have ANY collection activity within the State of Mich. (and this certainly includes hiring a lawyer to file suit on their behalf) THEY MUST BE FROM A STATE THAT REQUIRES AT LEAST THE SAME LICENSING AND BONDING AS MICHIGAN.If you need the specific citations, get someone from legal aid to help you, or e-mail me and I will get them to you.
     
  3. Why Chat

    Why Chat Well-Known Member

    OK -I checked out the statutes, they are even stricter than I thought!! PLUS a lawyer cannot represent any creditor or collection agency in Small Claims Court.
     
  4. breeze

    breeze Well-Known Member

    I may be wrong, but I believe that Jefferson Financial is a part of THE Jefferson Financial group as in Jefferson-Pilot. They are a finance, mortgage whatever company, and apparently have one company that is considered an "investment company" - and this is one of the things they invest in. Like I said I think this is the case.

    You would have to dig around some to find the link between the companies, but the name Jefferson Financial is a trademark, and I don't think they would let some local dinky little company get away with using their name.
     
  5. JohnM

    JohnM Well-Known Member

    Hockey Mom,

    I would immediatly try to make myself "Judgement Proof". By that I meen sell your assets to your son or another relative you trust at a fair price. Use that money to pay debts, such as the debts you owed to the relitives for all that money they have been lending you to keep you afloat. Do the joint bank account thing suggested and leave your bank account OPEN with $20 bucks in it.

    Move your car to someone elses name. If you work for a small company and really trust your boss, he can help by cutting your salary and giving you the difference in allowances,ie. car allowance(If you use the car at all for work), cell phone allowance, anything that can be reimbursed by the company is legal.

    You will have to claim the excess of any allowance as income on your taxes, as well as any personal use of the vehicle. But these are not wages in most cases and are not subject to garnishmnet. (If they dont ask, dont tell)

    These things need to happen before the judgement and it might help to string out your small claims to allow the passage of time.

    In VA after they get a judgement they can summon you to appear in front of a "chancellor in debt" were you are asked about assets and salary, etc. Then using this info the max garnishmnet is determined.

    I call this a defensive posture, do it legally and it works. I know some wealthy people who can't be touched by judgements (shell corps and assets in wifes name, etc.)and I know one guy who put about $500,00 of money in his pocket and tried to file a BK and he was charged in criminal court with fraud.

    Nobody is going to go after you for a few grand and if done properly it is totally legal

    Use this "time-out" to get your self in better shape and you will be able to pay off your debt at pennies on the dollar. I did this in 1980 and got all my judgements $20,000 paid off at 20 cents on the dollar after they got nothing for three years. Some of the people even thanked me for calling and offering them "free money" they thought they would never get.

    JohnM

    (who will never forget how tough it was with that sword over my head, I learned a lesson and pray I'll never do that again)
     
  6. hockeymom

    hockeymom Well-Known Member

    So Breeze you think that this Jefferson Financial Recovery Group is part of Jefferson Financial? They are listed as an assignee of Providian Bank on t he summons.



    Hockeymom
     
  7. hockeymom

    hockeymom Well-Known Member

    John,

    I am trying to understand here--are you suggesting that I could lose my house over 2500?

    My car is already in my dad's name so that is not an issue.

    Opening a joint account is also not an issue.

    I work for my father but how is cutting my salary going to help?

    Do they look at what you make vs your cost of living expenses and then decide on what you should pay?

    HockeyMom
     
  8. Why Chat

    Why Chat Well-Known Member

    I have all the legal info you need to fight this. If you want it, e-mail me- HAVE you been served for Small Claims Court? or not?
    P.S.I don't think you should pay too much attention to anyone advising you to conceal assets, and "happily" pay off debts you do not have a legal obligation to pay.There are cc & ca "ringers" posting on the board.
     
  9. Why Chat

    Why Chat Well-Known Member

    "Jefferson Financial Services" of Louisville, has NO relationship to Jefferson Pilot.Louisville is in Jefferson County, Ky.The address at 3055 Breckenridge Lane #101
    LOUISVILLE, KY
    shows a used clothng store and a jewelry shop.
    What other address do you have? I THINK this is a scam scavenger collection outfit.
     
  10. hockeymom

    hockeymom Well-Known Member

    Why Chat

    I am interested in getting the info you have. I am not sure whether this is small claims court or not. It has a case number. I can call the court today. How do I get in touch with you via email?

    Hockeymom
     
  11. JohnM

    JohnM Well-Known Member

    HockeyMom,

    You don't "lose" anything you just put it out of reach from your creditors. This is a last resort plan but it will give you the ability to avoid a BK and keep what you have and buys time to straighten out your situation.

    If your state is like Virginia, for a wage garnishment, they analyse your living expenses and subtract your neccesary expenses from net take home pay and only take a certain % of the "extra money" you have left.

    If you have a mortgage on your home a secound to your Dad or someone else could leave you no "zero equity", in other words to a creditor you are judgement proof. You have little or no assests to attach and very little money to get from a garnishment.

    This makes most lawyers and creditors, think very highly of cutting the losses and settling for pennies on the dollar. You might settle $2500 for $500-$750. If this is your only creditor who is suing or who will sue, it a little extreme, but if you are like most people(me included) you get in a jam with everyone at once.

    This method won't make them go away (nothing really will if they have good documents) but it allows you to go on with your life and try to get your self in better shape on your terms not a creditors.

    Most of all, don't be afraid, just do your best and hold your head high. I've been there and managed to work my way out of it. It doesn't happen overnight but it will happen.

    Best of Luck,

    JohnM
     
  12. breeze

    breeze Well-Known Member

    How to email Why Chat - click on his name, and you will see the email link.


     
  13. hockeymom

    hockeymom Well-Known Member

    Y Chat is trying to assist me, but I am going to throw this back out there for any one else who might have suggestions.

    I need to figure out how to respond to the summons I received SOON!

    This has to reach the court by June 21st.

    This is a general civil case not small claims.


    Any takers!

    Hockeymom
     
  14. hockeymom

    hockeymom Well-Known Member

    Okay, here is my letter to the court. Many thanks to Why Chat for assisting me with the info to include.

    Am I including everything?

    Dear Honorable Judge,

    This is response to the Summons and Complaint filed by Scummy Lawyer on behalf of Mega Idiot Credit Company.
    It is stated in Count I, item 6 that I have, on several occasions made promises of payment. I deny any knowledge of any promise to pay anyone. My only conversation with anyone has been to request for an accounting of this alleged debt and proof that it is mine with a copy of my signed application. If such proofwas furnished, I would then honor the debt as mine. I have never received notification from Mega Idiot credit company advising me that they are authorized to collect on this account.
    My understanding is that a collection agency has a legal obligation to notify me of their having had the account transferred to them, in writing, with a printed right of dispute. I do not know if this account is mine. As I have no verfication. I do not know if Mega Idiot Credit Company is a registered, bonded,collection agency.as my check of licensed collection agencies in Michigan shows no such company. Further, I have had no contact or correspondence with them prior to the filing of this lawsuit. I am enclosing a copy of the Fair Debt Collections Practices Act and have highlighted the passages referring to all above material.

    Because I am without counsel and cannot afford counsel, I respectfully request that the case be moved to small claims court so I may be afforded the opportunity to defend myself.

    Sincerely,

    Hockeymom

    Notarized and sent Cert Mail, return req.
     
  15. breeze

    breeze Well-Known Member

    Sounds good! If Why Chat is helping you, just do what he says.
     
  16. erik776

    erik776 Well-Known Member

    I eddited you letter and made some structural changes without changing the content. Good luck.


    ------------------------------------------------------------
    Your name
    Address
    Address two

    June 20, 2002

    Name of court
    address one
    address two


    Dear Honorable Judge name:

    This is a response to the Summons and Complaint filed by XYZ lawyer on behalf of Big Credit Company.

    It is stated in Count 1, item 6 that I have, on several occasions made promises of payment. I deny any knowledge of any promise to pay anyone. My only conversation with anyone has been to request for an accounting of this alleged debt and proof that it is mine with a copy of my signed application. If such proof was furnished, I would then honor the debt as mine. I have never received notification from Mega Idiot credit company advising me that they are authorized to collect on this account.

    My understanding is that a collection agency has a legal obligation to notify me of their having had the account transferred to them, in writing, with a printed right of dispute. I do not know if this account is mine, as I have no verification. I do not know if Big Credit Company is a registered and bonded collection agency, as my check of licensed collection agencies in Michigan shows no such company. Further, I have had no contact or correspondence with them prior to the filing of this lawsuit. I am enclosing a copy of the Fair Debt Collections Practices Act and have highlighted the passages referring to all above material.

    Because I am without counsel and cannot afford counsel, I respectfully request that the case be moved to small claims court so I may be afforded the opportunity to defend myself.

    Sincerely,

    signature

    Your name
    ------------------------------------------------------------
     
  17. hockeymom

    hockeymom Well-Known Member

    Thanks to everyone who gave a piece of advice. It really helped. Mucho thanks to Why Chat!

    This board is the best. I'll let you all know what happens.

    Hockeymom
     
  18. defender

    defender Active Member

    hockeymom:

    Please email me ASAP, I have information for you.
     
  19. hockeymom

    hockeymom Well-Known Member

    What kind of information? My letter to the court has already been mailed as it had to reach the court no later than tomorrow.

    Hockeymom
     
  20. defender

    defender Active Member

    hockeymom:

    Any updates on this case? I'd like to compare notes with you.
     

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