Providian is suing me

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.

 

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.

 

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.

 

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)

 

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.

 

"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.

 

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

 

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

 

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

 

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
------------------------------------------------------------

 

hockeymom:

Please email me ASAP, I have information for you.

 

hockeymom:

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