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Garnishment from a CA - A question...


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Hello,

In January of this year I was sued by Providian Financial's hired collector for a $2500 on a Visa card. A garnishment for the amount plus the attorny's fees was granted against me. A few days ago I received a court notice that stated the garnishment was quashed since my employer said I do not work there. I asked my payroll department why they said I didn't work there and they said it was probably due to a SSN mix up or slight mispelling of my last name (since it's hypenated). Anyway I am wondering a few things:

1. Since the garnishment was quashed will it still appear on my credit report?

2. If it does appear on my report can I have it removed by providing the credit reporting agencies with the court letter that quashed it?

3. Also can anyone tell me what recourse the collector and/or their lawyer have to collect this money now? IE: What should I brace myself for next? Another garnishment order?

I would be willing to contact this creditor and offer a settlement but not until I know what all my options are. I don't want to give them one red dime more than I absolutely must though. I had a furious fight over several months with this credit card company because they kept putting charges on my account for their products and services that I never wanted or asked for and then one day they cancelled my card saying that I had violated their unwritten '2 bounced checks' and your out rule. This was in addition to many other sneaky and disputable things they did to me as a card holder. Anyway, I joined a class action lawsuit against them over this but I have no idea when or if it went to court and what the outcome was. This is why I am so reluctant to pay them more than I absolutely have to.

Thanks for your advice, I appreciate it. ;) ;) ;) :boggle: :boggle:

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I can not answer your legal questions, but may I suggest to you and everyone else out there that if you get a credit card where the creditor starts "stickin' it to ya" like that, you should call the credit card company and simply ask them to close the account. This could help avoid a terrible situation like what you experienced. I'm sorry BTW. Make sure it is noted on your next statement that the account is closed, and keep those records....and pay that card off ASAP!!!

If you're REALLY suspicious of their activities, you may want to record the conversations as well...if it's legal in your state. Also, document when you send in your payments. On-line billing and payment is great for this. Be true to yourself though and make certain who is really to blame. Although your situation sounds fishy, you may not have helped matters by bouncing checks to them.

A lot of these credit card companies have absolutely no grace period for anything. It is their game that you have to be prepared and organized to play. Otherwise, they will eat you alive!!

my two cents.... :upsidown:

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Hi Smitty,

Actually, the CC company closed the account not me, so keeping it open or closed really is irrelevant, I do agree that 2 bounced checks wasn't to my favor. But just in case it appears that I intentionally bounced the checks I'll clarify (quickly) exactly what happened.

My employer at the time was a non-profit agency (The AZ State Ballet) and they were expecting a large federal grant that was delayed. The end result? All the employees paychecks bounced and this resulted in my 1st bounced check with the CC company. Actually, I bounced more like 30 checks on my checking account at a cost of several hundred dollars in NSF and merchant fees. :(

After a couple of weeks of waiting for the federal grant to come through, the Ballet laid off several employees including me.

I called Providian and asked them to activate the unemployment insurance I had been paying for on my account for a couple of years. They said "Sure thing, no problem" and I thought things were OK with my account until I found a new job.

In the next couple of months I searched and searched for a full time job while doing odd jobs for friends and family just to keep food on the table. At one point I found that I had an extra $55 that wasn't urgently needed elsewhere, so I decided that I would 'do the right thing' and send the CC company a payment. What a bad idea!!! At the time I didn't know that a merchant can (at your bank's discretion) put an NSF check through your account 3 times. (At least this is what the bank told me.) Well that is what happened, an NSF check that dated back to my bounced paycheck was put through my account a third time and bounced me yet again which resulted in less than $55 in my account when the CC check came through so that one bounced too! I was very upset since I had arranged with the merchant directly to pay him in cash when one of his employees decided to put the old check back through!

I called Providian and told them what happened and they simply didn't care. They said that 1. By making a payment while on the unemployment insurance I voided the unemployment insurance myself and 2. Since I had now bounced 2 checks my account was closed and the full balance was due RIGHT THEN. I was flabbergasted and hurt. I really was trying to do the right thing and actually thought that sending what I could, when I could would help me with my creditors.

This is why I bounced 2 checks with the CC company. I honestly do not think that I did anything wrong in this situation, although I know now that I was very ignorant. :( Anyway, sorry to ramble but I had to get that 'horror story' off my chest.

[Edit by ShannonN on Friday, June 28, 2002 @ 09:01 AM]

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I would validate with the collection agency. Did they contact you before obtaining the judgment? You can have the judgment vacated because of that. Do a validation and if they DO validate, then send them an A&S for the account, but make it payment in full. Save up around $800, that's approximately 30% of the debt. Send that to them with the proper notation on the back, and you'll be fine.

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