i receieved a summons from lawyer regarding a credit card ac

Submitted by nelcut on Sat, 10/09/2010 - 21:42
Forums

i received a summons from a Mark Walsh, (SB 206959)
Legal Recovery Law Offices, 5030 Camino de la Siesta Stc 340, San Diego, CA. 92108, 800-275-4010 from Midland Funding LLC., who purchased the account from
Providian Bank. The amount is $5,880.75 + 1200.00 attorney and 10%. The letter stated tha i breach a contract to pay on June 06, 2008. I have never agreed to pay anyone on that day. I am not employed and have no income, unemployment ended. How and what should do?
Thank you inadvance for your help.

Anonymous (not verified)

Providian Financial Corporation was one of the leading credit card issuers in the United States when it was sold to Washington Mutual for approximately US$6.5 billion in October 2005. Providian was headquartered in San Francisco, California, and had more than 10 million card holders at the time of its sale. Washington Mutual, Inc., continued to run the company as a wholly owned subsidiary, out of its San Francisco headquarters. At its peak, the company employed approximately 13,000 people nationwide. Providian had significant operations in California, New Hampshire, and Texas.

Sun, 10/10/2010 - 16:08 Permalink

So providian hasn't been around since 2005. An agreement to pay sounds like a judgment entered in court case where the defendant appeared in court.

Do you have copies of your credit report? have you ever had a providian card? this could be just mistaken identity. You need to send a DV letter to Mark Walsh

Sun, 10/10/2010 - 16:12 Permalink
J Harperer (not verified)

I confirm these people are nasty jerks. We tried to settle a discover card balance with LRLO. They play power games and mind games. I will hire an attorney and go to the court date. I see on line many complaints and law suits against them. I now know why. JH

Sat, 11/27/2010 - 05:41 Permalink
Fed up with LRLO (not verified)

Last year, I paid an account off they tried to sue me for. To this day, they never sent the letter confirming pay off. Also, they caused me to go overdrawn twice because they kept debiting a checking acct I told them they were no longer authorized to debit. Well, I'm planning to file a lawsuit in court against them for my overdraft fees I was charged. Also, according to The Fair Debt Collection Practices Act, I can sue for an additional $1,000 because they violated my rights under that act.

Fri, 06/10/2011 - 00:44 Permalink
DefendASummons (not verified)

"I just wanted to say thank you your guidance with my junk-debt lawsuit in Minnesota. They came out of nowhere suing me and I had no idea what to do. I contacted them to inquire about the case and my options, and was quite close to settling with them. Then I found your website on Google and have to admit, I was a bit reluctant to pay for your guide. However, I realized it was a lot cheaper than what they were trying to get from me so figured it was worth a shot. Everything was explained well, and my case was dismissed! I truly can’t thank you enough! Good to know there are people out there like you who don’t charge and arm and a leg to help those of us who don’t have a clue. Thank you again!"
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Tue, 06/14/2011 - 02:25 Permalink
Tony, TX (not verified)

"Your guide helped get the suit against me dismissed. I went to court and just like you said the attorney on the other side asked me to speak in the hallway. He told me I was going to lose my case if I went back into the court to defend myself. He pulled out a settlement agreement and asked for my signature. He laughed at me when I said no. 5 minutes later, the judge not only dismissed my case, she commended me on my paperwork. Thank you!"

-Tony, TX
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Thu, 06/30/2011 - 18:23 Permalink
LRLO Sucks (not verified)

We were sued by them last year. We filed an answer and denied everything (even though we knew we owed the money). The reason we did this was because LRLO was demanding we pay thousands of dollars over what was originally owed. The whole process after filing an answer, took about a year.

If you're being sued by them, file an answer and deny everything. Don't call them because if you do, they will just demand huge down payments and huge monthly payments, payments they even know you can't afford so don't even waste your time with them. When you file an answer and if you can't afford the filing fee, file for a fee waiver. If you qualify income wise, all fees will be waived. Then start discovery process. Send them a demand for debt verification - they will ignore. Send them a Demand For Witness and Evidence form (found for free on Superior Court website - they will not respond. They must respond within 20 days or whatever they have on them will not be allowed to be introduced in court. They didn't respond to us. After 20days, file a motion to compel.

IMPORTANT - MAIL EVERYTHING TO THEM CERTIFIED MAIL/RETURN RECEIPT REQUESTED. - This way, they can't deny not receiving something you mailed to them. Even mail your answer certified as well. Make them sign for everything you mail them.

In the end, when the case is set for trial (about a year later giving you time to save money), when you appear for court for trial, the judge will send you and the attorney making an appearance for LRLO outside and try to settle. I guarantee you, LRLO will settle for pennies on the dollar of what they were originally trying to sue for and rediculous, interest free monthly payments.

Its a lot of hassel and can be time consuming but in the end, what you actually pay LRLO will be a far cry from what they were originally trying to get from you. The whole document process can be very intimidating but you can find everything you need including samples on the internet and Microsoft Word even has pleading paper templates as well. It sounds like a lot of work but trust me, in the end - it will all be worth it because the joke will be on them because they are not getting near what they hoped for out of you.

Sat, 08/04/2012 - 06:13 Permalink
matzcrorkz (not verified)

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Wed, 08/06/2014 - 01:34 Permalink