topic Re: Update on my Summary Judgment Hearing! in General Credit Topics

Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 14:41:58 GMT

Hey all! I can't believe I did it - I'm sure I lost, but...I now realize that they claimed they provided a statement of validation - it isn't from Providian, and I DIDN'T mention it, that was the screw up!

She asked if I denied if I owed Providian, I said NO, but I deny the amount. The guy said I misapplied the FDCPA, I clearly stated that both Federal & State law require I only dispute the debt, regardless of cease & desist, they replied with intent to sue, fine...that's when I asked for validation...I said, I've had (3) CAs send me the notice for the same account, I have no clue who to pay, etc.

Then she asked the guy look do you just have validation, he said yes, unfortunately, she did ask if I had that, I said yes - that is what sunk me I'm sure because as I said, I didn't think to say IT IS NOT from Providian proving they have the right to collect!!! The validation is a stupid notarized BS statement that I owe LVNV...

she asked if there were any final ....and I said yes, I have submitted all the paperwork to an attorney to see if he will take the case...as I was leaving, the guy said have Tommy give me a call if he's going to take the case...I said I will.

I'm so proud that I stood up to it, was able to think on my feet so to speak; and now I can see if there is a way to go back because the validation is not from Providian - anyone think I should just quit???

This LVNV is reporting my account twice; to which I still have to address too...all in all I have no clue what will happen, she just smiled said that was it so I figure oh great, but she may or may not have received my letter from Monday; I hope she gets it today AND READS IT!

I'll keep you posted - because it would be a great win for consumers let me tell you WHAT!

Thanks all!

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 14:45:03 GMT

Well, I wish you the best!!

Re: Update on my Summary Judgment Hearing!

chartley3 — Thu, 05 Jul 2007 14:51:50 GMT

Not to burst your bubble but this is the perfect reason why you dont represent yourself in this type of hearing. My advice to you is to settle the case before the court makes a judgement and you have that sitting on your CR for at least 7 years. Setup a payment plan with them and get it paid.

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 15:02:42 GMT

This is where I'm a little lost and yes, I see your point...however, they were the ones who originally wanted the "mediation" and the judge had ruled we had until the 24th of July to introduce additional parties; and the hearings if she rules we "wait" are not until April of next year, but you are right, I'm sure I did lose because that was a key thing to point out. However, if she rules in their favor, I have a judgment immediately so it doesn't matter whether or not I try to work out a settlement if you know what I mean - she is either ruling for or against and there would be a judgment immediately UNLESS she allows this to continue.

Thanks, it's ok, I've learned many hard lessons these past two years dealing with JDBs - they pay $50 for an account and make a $2000 profit - not bad, but I'm still glad I can sleep at night not screwing people!

Re: Update on my Summary Judgment Hearing!

chartley3 — Thu, 05 Jul 2007 15:11:20 GMT

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.

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 15:14:08 GMT

you would be well-advised to listen very carefully to what chartley just said...

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 16:31:05 GMT

Sorry if I'm muddying the waters a bit here ...

Doesn't OP also need to make sure she does not agree to a particular type of settlement (I can't remember what it's called) where if she misses one payment on the agreed payment plan, the creditor can get a judgment against her automatically?

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 16:40:06 GMT

Great! You got your day in court and did well. The question now is to continue the fight via Appeal if she grants the Motion or (never know she may not grant them Summary Judgement) the fact that she didn't grant it right there and then says something and the other positive thing is that the attorney for the other side says he wants to talk to your attorney. Tommy, may not charge much to resolve this matter on your behalf and you can get it behind you.

Congrats!

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 16:50:37 GMT

PS: If your attorney (Tommy) enters into a Stipulated Dismissal he should include a 30 day grace period clause of some sort and a clause regarding events beyond your control such as acts of nature and perhaps other things that could happen in life. Perhaps, a mediation clause that in the event of future default the parties will mediate prior to entrance of Judgement etc. Any, decent attorney can give you some protection but be sure to bring these things to his attention.

These are general observations that may otherwise be found on the net regarding standard settlement process issues.

Again Congrats for having the courage to stand up and go to Court for your rights!

Re: Update on my Summary Judgment Hearing!

chartley3 — Thu, 05 Jul 2007 16:54:32 GMT

The answer to the missed payment question is yes they can then go and get a judgement based on the missed payment. That is why its important to negotiate a monthly payment you can afford to make. What I didnt mention before which I will now is if they get a judgement they can attach to your bank accounts as well as garnish your wages to settle the amount. They can also put a lien on any property you own as well. The best advice I can give you it was I posted earlier.

Re: Update on my Summary Judgment Hearing!

Anonymous — Thu, 05 Jul 2007 19:13:35 GMT

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!!

Re: Update on my Summary Judgment Hearing!

Anonymous — Tue, 10 Jul 2007 08:06:52 GMT

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

Re: Update on my Summary Judgment Hearing!

Anonymous — Tue, 10 Jul 2007 12:50:33 GMT

@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.

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?

Re: Update on my Summary Judgment Hearing!

Anonymous — Tue, 10 Jul 2007 13:04:39 GMT

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.

Re: Update on my Summary Judgment Hearing!

chartley3 — Tue, 10 Jul 2007 14:18:39 GMT

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.

Re: Update on my Summary Judgment Hearing!

Anonymous — Tue, 10 Jul 2007 15:44:48 GMT

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.

Re: Update on my Summary Judgment Hearing!

Anonymous — Wed, 11 Jul 2007 01:36:57 GMT

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!

Re: Update on my Summary Judgment Hearing!

Anonymous — Mon, 17 Mar 2008 06:51:26 GMT

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?

@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!!