Update on my Summary Judgment Hearing!

[Anonymous]

Thank you for all the advice.  I do intend to fully fight this; if they get a judgment, I am going to countersue because this company HAS violated a few of my rights, one being THEY did NOT report to any of the bureaus that this account was in dispute (also applies to Oral Disputes) - this is a clear violation of my rights; and they are reporting the account TWICE, one listing is the same as the OC listing, the second one as NEW, and changed date of last activity, another violation.  I did check my document after court and I was right, there was no real validation from Providian stating they have authority to collect.  What they show was validation from LVNV.

Another reason I am not giving up, I do NOT owe what they claim, they bought that account for maybe $79.00.  Knowing you are being screwed with is hard to let go, and if they get a judgment yes it is on my report for 7 years, but I have all the necessary backup paperwork to show any mortgage company as I have found they will consider the big picture.

I emailed the attorney right after with the transcript and told him to let me know if he could/would take it; because not only do I want this company, I want the CRs as well, they are also violating my rights by "verifying" and not reading the actual letters.

Some times people just have to fight until they know they can't win anymore; and I'm done being taken advantage of.  I am not one of those people who just doesn't feel like paying their bills; I couldn't at the time because I was going through a divorce.

Thanks to all of you - I so appreciate the words of wisdom!!

[Anonymous]

Always cheaper to pay your attorney rather than the other guys.

[Anonymous]

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@chartley3 wrote:

That is not correct. If you negotiate a settlement before the judge rules, then they are required to file a dismissal of the judgement they filed. I suggest calling them today and work out a repayment plan. Im sure you can setup a $150/mo over 24 months to satisfy this and the judgement doesnt hit your CR. You may even be able to negotiate a PFD at the end of the repayment plan.

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Is this true for all states? I have a judgment showing that never actually went to court because I called and made arrangements to pay it and got it paid off in full just a couple of days before the court date. It's showing as "judgment, paid". I just figured I had to live with it until the time limit expired. Can I do anything about this now? Can I dispute this like a regular line item or is there something else I need to do?

[Anonymous]

Beach123 I know what you mean with these people and I am dealing with them as well. I do feel for you and like you I will not give up without a fight because I have done alot of reading on this company and they do violate alot of the laws and rules. I spoke with Bud Hibbs yesterday he deals with them and he gave me step by step info on what to do to cover myself with them. I am working on that right now. I wish you luck with them. If they get a Judgement I would see if you can Appeal it and have an Attorney then.

[chartley3]

StartingFresh,

Yes dispute it was paid before Judgement filed and it should be removed. In your situation it able quicker to call the OC and have them get it removed.

[Anonymous]

Beach123, don't forget since they are the cause of your having to spend money (attorney's fees etc.) you can ask the court to award you attorney's fees and costs of defending this action. A counter-complaint may be in order here I don't know the time limits and rules in your State. From what you have said this is a very win-able case. Secondly, in a counter complaint it may be possible to join the CBs since you will be asking the court for a Judgment ordering the CBs to remove inaccurate information.

Thirdly, and perhaps most importantly I would not be waiting on one attorney to accept or reject your case, instead, I would be spending time shopping for an attorney that has the time needed to resolved this matter. Find a hungry attorney that will jump into this, it is a simple case, an attorney recently out of law school could easily handly this. You have lots of options, but time is limited.

Keep up the fight.

This is not legal advice and any interpretation to the contrary is expressly denied.

Peace.

[Anonymous]

Patience,

Thank you for your advice.  I did have one attorney review the first draft of my "response" and he told me I'd have to remove that portion & file a counter claim; he also said I did good on my research & writing.  That gave me hope.

I won't give up the fight right or wrong, if a JDB wants to break the rules, consumers need to stand up to them and make them FOLLOW the rules.  PROVE YOU have the authority to collect the stupid amount you want! 

Appreciate your words of wisdom!

[Anonymous]

I agree with you 101 percent. I myself have to start digging a judgment that just keep getting too much to handle. I was not able to go to my court so the CA entered it as default judgment. The garnishment was denied by the judge. After reading too many info about judgment, I came across a reason why I can still appeal my case despite of it being 2 years and even if I was served the summons. I was too broke to even take a day off to go to court as it will mean choosing between affording my food or getting a good credit. I also realized that at that time and most likely at this time I am still what they categorized as "Judgment Proof". I have yet to read all my files.

In regards to your case, if you can afford to pay as they may have something they can garnish from you whether it is your wages or bank account then I guess having a lawyer will probably help you. In my case, I am just too afraid that if I hire a lawyer and they know I can pay the lawyer, will that take my "Judgment Proof" category?

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@Anonymous wrote:

Thank you for all the advice. I do intend to fully fight this; if they get a judgment, I am going to countersue because this company HAS violated a few of my rights, one being THEY did NOT report to any of the bureaus that this account was in dispute (also applies to Oral Disputes) - this is a clear violation of my rights; and they are reporting the account TWICE, one listing is the same as the OC listing, the second one as NEW, and changed date of last activity, another violation. I did check my document after court and I was right, there was no real validation from Providian stating they have authority to collect. What they show was validation from LVNV.

Another reason I am not giving up, I do NOT owe what they claim, they bought that account for maybe $79.00. Knowing you are being screwed with is hard to let go, and if they get a judgment yes it is on my report for 7 years, but I have all the necessary backup paperwork to show any mortgage company as I have found they will consider the big picture.

I emailed the attorney right after with the transcript and told him to let me know if he could/would take it; because not only do I want this company, I want the CRs as well, they are also violating my rights by "verifying" and not reading the actual letters.

Some times people just have to fight until they know they can't win anymore; and I'm done being taken advantage of. I am not one of those people who just doesn't feel like paying their bills; I couldn't at the time because I was going through a divorce.

Thanks to all of you - I so appreciate the words of wisdom!!

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