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Providian Judgement


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I received a letter on 3-13-03 from my bank stating that my checking account has been essentially frozen due to a judgement to Providian for a credit card debt. The letter stated that if my bank did not receive a letter from the court by today, 3-18-03, that the frozen funds would be transferred to the Providian/their agent.

On Friday, 3-14-03, I called Providian's attorney and asked if I could make an offer of how much I could pay them per month to see if they would accept that. In addition to that, I sent the paperwork to the court asking for the signature to stop the transfer of funds to Providian.

Well...in the three business days since the 14th, naturally neither the court nor Providian replied and I assume the funds have been transferred from my account to Providian.

Well, this cleaned me out and now I have no working cash. If Porvidian accepts my offer do you think they'll give back my money? I know this sounds like a stupid question, but I thought I'd post it.

[Edit by FredFord on Tuesday, March 18, 2003 @ 10:23 PM]

[Edit by FredFord on Tuesday, March 18, 2003 @ 10:25 PM]

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If they have a judgement against you there is nothing that you can do at this point. Did you get served with a summons and sign for it? Go to your local court house and look at the file. See if you were served properly. If this letter came from your bank, I am assuming it is legit. Read up on this board. There ia a lot of info. on this subject.

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How did they get your banking info? You now need to take steps to insure they cannot keep seizing your cash. Do you live in a state that can garnish wages? Check on your state laws to find out exactly what can be taken to satisfy a judgment, then work on becoming "judgment proof."

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<blockquote>Originally posted by tulipchic

How did they get your banking info? You now need to take steps to insure they cannot keep seizing your cash. Do you live in a state that can garnish wages? Check on your state laws to find out exactly what can be taken to satisfy a judgment, then work on becoming "judgment proof."

</blockquote>

I assume they made record of the checking account number that paid the monthly bills.

If I may ask, how does one become judgement proof? One thing I am going to do is close this account and I guess pay bills with money orders at least for a while.

FF

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Becoming judgment proof means having no visible assets. It's also a very bad idea to go through life unable to own anything in your name and depending on friends and relatives to help hide things.

Sometimes it's just time to admit they won and move on. Take steps to negoiate a payoff of that judgment. Are you in a state that allows wage garnishments? If so, redouble your efforts to work something out before they go after your check.

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I recommend becoming "judgment-proof" long enough to get finances in order to pay a negotiated settlement, if you want to settle (there are pros and cons to this, just depends on your situation). That way you are in control of what they get. Remember that a mortgage company will require you to pay this off, so get it taken care of BEFORE you even begin applying for loans.

[Edit by tulipchic on Friday, March 21, 2003 @ 09:22 AM]

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