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GOING TO COURT IN A FEW DAYS


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RECENTLY RECIEVED A SUMMONS TO GO TO COURT ON 4-11-05 REGARDING A PROVIDIAN BANK CARD WHICH I OWE ON. IT WAS CHARGED OFF 31-31-03 AND IS NOT OUT OF THE SOL. WHAT I DID DO WAS TO GO TO THE COURT TO SEE IF I COULD GET A CONTINUANCE SO I'D HAVE MORE TIME TO EITHER NEGOTIATE WITH THE ATTORNEY AND SETTLE FOR LESS OR, HAVE THEM VALIDATE THE AMOUNT OWED. THE COURT SAID I STILL HAVE TO GO BUT CAN FILL OUT AN ANSWER FORM. I JUST WONDER IF ITS BEST TO SETTLE OUT OF COURT PRIOR TO, AND WILL THEY REDUCE THE AMOUNT OWED OR GO INTO COURT AND ALLOW THEM TO DO WHAT EVER IT IS THEY DO AND TRY TO COUNTER BASED ON ME NOT AGREEING WITH THE AMOUNT OWED. IM IN KANSAS BTW...ANY HELP IS APPRECIATED IN THE MATTER

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Here's what happened to me in Illinois. I was scared, but showed up on the scheduled court date. Before we went into the court room the OC's attorney took me into a little side room and asked me if I owed the debt. I said no (hoping to get it dropped later down the road). So a few minutes later I had to stand before the judge and explain myself. I told him that I don't owe the debt and said that I was defrauded into opening this CC account. He gave me an extra 28 days to answer the original complaint, so that bought me some extra time. Then I tried to DV the attorney several times, but had no luck. Eventually I missed a court date and they got a default judgement against me which I'm trying to deal with today. If I could do it all over again I would DV them again, but be more diligent about it trying to catch them in FCRA violations. If that failed, then I would discuss settling BEFORE they got judgements against me. Hope that helps a little.

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They did respond to my DVs by simply mailing me copies of my CC statements over the past year. According to what I've read here that doesn't cut it. We went back and forth a few times like this, each time they just sent me copies of my billing statements. Like I said, eventually an attorney of a friend of mine said he would try to help me settle with them, so I never went to court again. They never responded to his attempt to settle, so they got a default judgement against me.

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