They have GOT to be kidding!

Avatar for sohappilyme
iVillage Member
Registered: 03-26-2003
They have GOT to be kidding!
8
Thu, 04-16-2009 - 9:03pm

I took over my mom's bills a decade ago. Things were messy and a lot of stuff went to collections, but I managed to get everything paid off. TODAY my mom gets a summons to court for an old CC (here's a shout out to Providian Bank - grrr) and this was the FIRST communication. There was never a letter, phone call, nothing. (She still lives in the same house, same phone number). I'm guessing they're hoping she won't show up and won't dispute it so they'll get their judgement, but DANG. That's just freaking predatory! After that whole debt counseling agency fiasco back then (they took her money and didn't pay anyone and dared her to sue them for it) I, uh, empowered myself. I took on creditors, collection agencies, etc like no one's business. I kicked BUTT if I do say so myself. And EVERYTHING was paid on terms she could afford.

Anyway, this makes me angry. Not for her, b/c I've got it covered. I have the letter from the collection agency I paid then, I have a copy of the canceled check to the collection agency that has their name on it, the date on the check, the date it cleared stamped by the bank, and, best of all, "PROVIDIAN ACCT # XX PAID IN FULL" written on the front in the memo line.

So I'm not angry for her. I'm angry for all the other people who didn't think they'd need to save this stuff for SIX YEARS. I'm angry for this predatory behavior that takes advantage of people who are too ashamed to show up to court when it's optional (she's not required to appear if she doesn't dispute the debt).

I hope someone reading this will think twice before tossing proof of payment documents so you won't have to go through this without that proof. In fact, I recently got a letter saying I owed $1000 for an account that I swear I never had, but they're telling me the last payment was made in 1999!!! I've never seen it on my credit report (which I check regularly) and I will fight and I will win, but, again, I'm just hoping someone will learn something from this message. They can't scare me, but they're in the business of intimidation and it looks like it's time to dust off some old files or something.

Don't declutter yourself into a court judgment on debt you don't own!!!

GRRRRR!

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Goal #1 $UCCE$$!

Sarah
iVillage Member
Registered: 06-25-2006
Thu, 04-16-2009 - 9:32pm
Your mom is lucky to have you! I have always saved everything (finding it might be another story!). This has reminded me to make sure I file everything that I save!
Avatar for sohappilyme
iVillage Member
Registered: 03-26-2003
Thu, 04-16-2009 - 9:47pm

LOL. Truthfully I have her stuff in a box, but it's all in ONE box. I put my hands on it before she even got off the phone, LOL. I'm just LIVID though. I can't believe they're doing this to people -- or I can, but it's so sad. I can seriously imagine someone looking at that and knowing they couldn't prove it paid and just not showing up. And then being legally responsible for the debt! And they can't even take legal action to collect credit card debt after a certain number of years (either from the date of the last payment or six months past the date of the last payment depending on the state law). They can go by the law of the state the debtor lives in or that of the creditor (I'm not sure of the rules on how they decide which) but in the case of the 10-year old bill that is NOT MINE that the other company is trying to hit me with, they're in NY and I'm in VA. They can FORGET IT!

Anyone out there wanting to look into this state law thing, here's a map. This is for legal action, btw. http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php If this info is relevant to you, click on the state and read the info under the map. It's easy to read and good to know!

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Goal #1 $UCCE$$!

Sarah
Avatar for fire_bug
iVillage Member
Registered: 03-25-2003
Thu, 04-16-2009 - 10:14pm
Even if you couldn't find the proof that it was paid or it wasn't paid, after all these years, wouldn't it be past the statute of limitations?

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Avatar for sohappilyme
iVillage Member
Registered: 03-26-2003
Thu, 04-16-2009 - 10:20pm
Yes, it is in the states that matter in this case. Providian is in Utah (4 years), the lawyer is in Maryland (3 years) and we're in VA (3 years). They can go by the CC state or the debtor state. BUT there are three states with more than seven years (IL goes to 10). Scroll up to (I think) the 3rd message in this thread and I got into that detail a bit, too. I'm still STEAMING over this! =c)

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Goal #1 $UCCE$$!

Sarah
Avatar for sohappilyme
iVillage Member
Registered: 03-26-2003
Thu, 04-16-2009 - 10:25pm

I want to add, too, that it's up to the debtor to go to court and say it's time-barred. The summons very clearly states that you are NOT required to go unless you dispute it, and if you don't go they WILL issue judgment against you. Once they issue the judgment, they can garnish a paycheck or pursue other action. The whole statue of limitations goes out the window once they get that judgment against you!

I'm not directing this toward you, Amy, but rather as another heads up for anyone reading. You brought up a good point and I wanted to clarify my response. =c)

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Goal #1 $UCCE$$!

Sarah
iVillage Member
Registered: 10-02-2008
Thu, 04-16-2009 - 10:42pm

GIANT KUDOS to you!


Very glad you were able to take the reigns for your mother and help her out back then and that you were able to take control of this new situation.


You have an opportunity here to quite possibly SUE this crooked debt collector.

iVillage Member
Registered: 03-17-2003
Thu, 04-16-2009 - 11:22pm
"it's up to the debtor to go to court and say it's time-barred."

Avatar for sohappilyme
iVillage Member
Registered: 03-26-2003
Thu, 04-16-2009 - 11:30pm
I'm pretty clear on that point. I'm helping her because I can and I have no intention of impersonating her in court.

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Goal #1 $UCCE$$!

Sarah