Update on my Summary Judgment Hearing!

[Anonymous]

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!

[Anonymous]

Well, I wish you the best!!

[chartley3]

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.

[Anonymous]

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!

[chartley3]

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.

[Anonymous]

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

[Anonymous]

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?

[Anonymous]

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!

[Anonymous]

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!

[chartley3]

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.