well not actually me...my wife/gf of 15 years...we are not legally married...but I refer to her as my wife
I have been dealing with these slime for the past 6 months....my wife had a unsecured card with providian back in 2004...credit limit of $1000...portfolio now says she owes them about $2000
the only income in our household is her SSI disability (she has a disease called MS)
no assets....its hilarious that these people would waste their time with someone who has nothing
she has one checking account...and the only monies deposited into that account is her SSI
the women who answer the phone at portfolio must be trained to treat people like trash...
I work side jobs here and there....we get by...but this is a headache we didnt need
anyhow...my questions are...how to respond to the summons??
I sent them a DV letter CMRRR asking for a signed contract about 3 months ago...they sent me back some blurry copies of statements from 10/04 to 12/04...no contract though...nothing with her signature on it thats for sure
looks like the last payment on the account was made in Dec of 04 and didnt post to the account until Jan 05...it shows on the blurry copies a $31 payment was made Dec 04...it also shows on her credit report (portofolio TL) the 'recent' payment was $31
on the summons....it shows that Portfolio filed on Feb 4, 2009
is a SOL defense applicable here?...when the judge asks my wife to prove her defense...Im sure she cant hand him the blurry copies portfolio sent us...is providian even still around?...is there ANY WAY I can get a document showing the date the last payment was made
or
should our defense be "no singed contract" proving debt is owed
the summons says I have 30 days to respond...these forums are so helpful to people...I know these JDB do things like this to try and scare people into paying...their gamble is we wont respond...or we wont respond with the proper defense and they will win by default
I called them this morning...and asked about SOL...the rude lady said "we have everything covered and you will find out about litigation" then she hung up
also...I know they cant garnish SSI...but with a judgement hanging over her head...she will have to get paper checks and close the account...because we cant risk having our rent money and food money being frozen while the banks and the courts exchange paperwork
any feedback is greatly appreciated
p.s. she lives in california...and the suit was filed here in our home city of sacramento
send this to them return receipt
if you have to go to court before you get anything back by all means show up and give the judge the copies of what they sent you and a copy of this letter with the green card that you get back as your return reciept.
Attempt to Validate Debt.
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification†or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name
i think you should better disclose whole story to the court as in most of the cases all the simple things will only work.so it is upto the court if you sincerely tell them whole story without avoiding the summons i won't thing it will give you any bad justice.
simple answer just answer the summons stating your enability to repay the debt they won't object anything and you will get fair justice. i beleive that truth always prevails. do not worry.