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Selling Judgements


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I have a judgement against me from Providian which they won from default! Was not in the know and didn't respond or go to the court date. Recently got a notice from Providian that they sold the acccount to Chase. Have heard that Providian is going bankrupt. I called Chase and they said they bought a block of accounts from Providian and did not have a record of it yet. I called the collection attorney and told him that I received this letter and that it contained new terms, etc. including an arbitration agreement and that I had 7 days to respond or else the new terms would apply. He was evasive and said that " something must have slipped thru the cracks", etc. and then hurredly said that he had an appointment in 5 minutes and to call back next week. Have not made payments or called him since! On the judgement, I was paying $100.00 per month at 16% interest and to date have no accounting, etc. or anything showing what I've paid. I also asked the collection attorney that shouldn,t I have something in writing of the sale of this account and how do I know that Chase won,t start billing me and entering the account as a new account on my credit report and here I sit with nothing to prove. This comes to mind because what if Chase decides to hire a new firm to collect on this account and all previous attempts on my part to negotiate a settlement with Providian will now be lost. I asked the collection attorney if I could make another offer to settle the account and he said that at that point everything was tied up and he couldn,t do anything at that point. Something seems really

erroneous here and should I maybe get my attorney to file a motion to vacate the judgement, etc.

Anybody else out there with a similiar experience that might give some advice and is gong through the same thing. Seems like these guys seem to thing that once they get a judgemnet against you, you're nothing but dirt and they can lead you around by the nose and make you pay forever and a day until the have bled you for every nickle they can get out of you. I orignally made an ofer to settle this over two yeas ago and Providan counter offered with an amount that they knew I couldn't come up with, so to date I,ve being paying them all this interest and have hardly even made a dent in the principal.

Nothing like being part of the human race as they seem to laugh all they way to the bank!

Also, since my last correspondence with the collection attorney which has been awhile now since I contacted them, he has not sent me late notices which they normally did, which implies to me that they may not be legally entitled to collect any further on this debt, at least to date, such as garnishment, etc. Any feedback will be awaiting as I feel I should contact him as I don't like being out in the open

and would like some kind of legal response as to what my rights should be concerning this judgement, etc. Thanks in advance!!

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Yes I was. Signed the papers, etc.. Was too naive to respond to the summons, go to court, etc.and they won by default. Back to the original question then, the judgement was won by Providian as plaintiff, therefore claiming that I'm indebted to Providian for the amount, they sold the debt to Chase and so does this judgement now also apply to the new owner and if even so, aren't I as a consumer entitled to proof of the transaction, etc. along with an accounting statement, etc. or does a court of law simply state that now I'm just a nothing and I still owe Providian this debt under they say it's satisfied. I pulled the original credit card app from the courthouse and the agreemnet says "we","our", "ours" and "us" mean Providian National Bank or it,s assignees. Since the attorney hasn't tried to collct further on this account I still feel that something is wrong and they may not have any legal right to collect further on this, at least not as of yet. Any comments? Should I contact the collection attorney by phone or write him via certified mail and ask for something in writing, should I consult my attorney and let him get something in legal writing, appeal to the courts or what? I really don't think it's right that I keep mailing payments to a company to whom I'm no longer indebtded and if I'm legaly now indebted to chase, don't I have a right to know what's going on? Thanks!!!

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I think you are entitled to proof by any collector. My friend the lawyer is suing Bank One under the FDCPA because they purchased debts of the local bank they took over, Valley National Bank. Just because Chase isn't a 5-and-dime rotgut collection agency doesn't mean they don't have to abide by the FDCPA. I would do something to see if you can settle with the original owners of the judgment. Sometimes they will deal.

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