FREAKING*OUT Posted November 4, 2004 Report Share Posted November 4, 2004 Providian's attorney somehow got my husbands work cell number and has threatened a lawsuit if we dont settle. We have been in the repairing and rebuilding stage of our credit so we can buy a home and I really dont want this to cause problems! The debt is around $2000 and is 5 years old. I dont have his reports in front of me but if I remember correctly, one is showing Providian as charged off and the other I had removed. It was only showing on 2 credit reports. They are offering a $500 pay off but I dont want re-aging or any other problems. Should we pay him the $500? How is this going to affect our rebuilding? My husbands score is just above 600 as of now. What is the best and least painful way to handle this? Thanks so much! Link to comment Share on other sites More sharing options...
DHK Posted November 4, 2004 Report Share Posted November 4, 2004 They're willing to settle for only 25% of the original debt?Sounds fishy.I'd find out the SOL for your state to see if they have a case. Link to comment Share on other sites More sharing options...
TylerDurden Posted November 5, 2004 Report Share Posted November 5, 2004 Was this a credit card (i.e. open-ended) account? Have there been any activities at all within the last 5 years? If (1) this is a credit card account, (2) it was opened in AZ, AND (3) you did not make any payments on the account within the last 5 years, then you can rest easy because the SOL for them to collect on this debt has expired. They can sue you, but you have an affirmative defense that the SOL has expired.It sounds as if the attorney is a collection attorney who purchased (or was assigned) the account from Providian. If the debt is indeed time-barred, then my suggestions would be as follows:1. First, find out who this person is. Get his name, phone number, and address.2. If the person is indeed a collection attorney...a. Send him a DV letter with a partial C&D (ceased and desist). Tell him that he can only contact you by mail and he is never to call you or your husband on the phone again. If he calls you again, document the call. If possible, record the phone call. You will have grounds to sue him if he ignores your C&D.b. Chances are he will not reply since he should realize that he has no case. If he does reply, it will only show that the debt is SOL. Send him a reply letter, quote them the AZ statute on SOL, tell him the debt is time-barred.3. If the attorney is from Providian, then you could relay to him that the debt is time-barred. Unfortunately, if I'm not mistaken, as the OC, Providian can continue to call you to attempt to collect. But the good news is, they can't sue you in court and win.4. In both cases (either 3 or 4), since the account is on your CR, you may want to take advantage of the fact that the debt is time-barred and negotiate payment for deletion. Do not pay unless they agree to delete!Here is a good read on how remove a CO:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=13386Good luck! Link to comment Share on other sites More sharing options...
FREAKING*OUT Posted November 5, 2004 Author Report Share Posted November 5, 2004 Thanks so much for your great advice! It sounded fishy to me as well! The account was last paid in 1999. It is in AZ and a credit card account so the SOL has expired. What would be the advantage of paying this now? Because of the age, I would think that it would not weigh heavily on future credit. There is also a chance that I can get it removed from the other report. Stranger things have happened! After pointing out that the SOL has expired, do you think they would still sue? My husband is nervous about that. Thanks so much! Link to comment Share on other sites More sharing options...
TylerDurden Posted November 5, 2004 Report Share Posted November 5, 2004 CAs do sue people even with time-barred debts all the time. The problem is that most people don't know their rights. These scumbags CAs count on people's ignorance of the law to make a living. So, they *could* still sue you, but I'm more inclined to say that they won't, simply because you will convey to them that the debt is time-barred. They already know they won't win, so I'm not sure why they would go through with it. Just in case, make sure your papers are in order. Make sure you have proof that there have been no activities for the past 5 years. Make sure you familiarize yourself with the AZ statutes that details the SOL. The burden would be on you to prove that the debt is time-barred.Good luck and keep us posted! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 5, 2004 Report Share Posted November 5, 2004 hey could continue to sue, but that ould give you a FDCPA violation against them for trying to collect a debt they know or have reason to know is unenforceable. Lawyers won't want that kind of trouble for $500.Negative info stays on the CR for 7 years, so you might want to try to get it removed. Paying for deletion is not a bad idea anytime. But you must be careful. Unless the attorney is reporting the item to the CRA, it might be hard to accomplish. Link to comment Share on other sites More sharing options...
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