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GA Financial Trust/Providian Bank Suit: Advice Needed


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I am posting this for a friend and would welcome some help.

Last week, a law firm in Long Island NY who reperesents GA Financial, put a lien on my friends Chase Bank account for $15,000.00. She found out when she went to the bank to make a transaction. Chase told her GA put the lien on it. She got a letter from GA telling her they had a judgement for an old Providian Credit Card debt in the ammount of $6,000. My friend freaked. I calmed her down and took her to the Court House to file an Order to Show Cause to:

Get the Judgment dismissed

Get the lien removed and her money back

Restore the case to the calender and do battle.

Request a "Traverse Hearing" and pull in the process server

The Court Clerk said the file was not avalable and had to be ordered and we could view it in 1 week.

The Order to Show Cause was signed and it's on for the end of the month. A few things to note here. This debt is "time barred" and last activity was in 2001. At that time, she made an agreement to pay Providian Bank thier money. She has cancelled checks and letters from Providian agreeing to the settlement and recieving the money from 2001. There has been no validation of the debt by anyone. She sent a DV letter to the law firm in Long Island, NY which represents GA who bought the debt.

I am thinking this can be dismissed for improper service, out of NY SOL and proof it was paid back in 2001.

Should she get a lawyer?

Should she counter sue?

What do you all think? Any advice is appreciated.

________

Lovely Wendie99

Edited by ABaldbrotha
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Just a partial answer here:

If she has documentation of a settlement, then I'd move to get the judgment vacated immediately. Check the docket (usually can go online with the court and see compaint, service, etc.).

As far as claiming it is time-barred, count from the date of last activity to the date they filed the case that led to the judgment. The date that the judgment creditor served the bank the writ of garnishment that required the bank to hold and turn over her funds is not important in this case (it may be important if they sat on the judgment for 15 years or something, but not here).

There was a judgment. This is what your friend needs to target. With a judgment in hand, the creditor unfortunately has the right to the money and the bank MUST comply or they're on the hook for the cash. But if there was a settlement, the judgment should have never happened in the first place.

Good luck and I hope others chime in.

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  • 4 weeks later...

The lawyers for GA Financial sent a Stipulation of Discontinuance. By signing it, they use some very interesting language in it saying, "all parties no further interested in the subject matter of this case."

They never validated the debt.

Why would they want to drop this now when the Court date is looming?

________

M275 ENGINE

Edited by ABaldbrotha
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  • 2 weeks later...

On a hunch that the Stip to discontinue the case didnt make it to court in time, my friend appeared in court on this matter as scheduled. Well, it is a good thing she did. The lawyer showed up with an empty folder and acted like her knew nothing about the Stip. Moreover, the Court had no knowledge of the Stip either. See how shady people are? So, my friend produced her signed copy of the Stip and showed the Clerk in the courtroom and they so ordered it and dismissed the matter right then and there.

I have a problem with this. What if my friend didnt show up for court and counted on the law firms agreement to file that Stip?

How much follow up do you have to do with these people?

So much for the legal system.

________

LovelyWendie

Edited by ABaldbrotha
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Good thing your friend showed up in Court! Looks like they have a proceedure to eliminate the people that acutally respond - send a copy of a stip to you to take you off guard and show up with an empty file to court - what nerve...glad your friend came preparedxrulesx and beat them at their own game!

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I have a problem with this. What if my friend didnt show up for court and counted on the law firms agreement to file that Stip?

How much follow up do you have to do with these people?

So much for the legal system.

It's not about the system. It's about self-efficacy. It is ultimately our responsibility to see that everything is handled properly. In legal matters, so many different hands are involved, that it's in everyone's best interest to make sure every motion is filed and executed.

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On a hunch that the Stip to discontinue the case didnt make it to court in time, my friend appeared in court on this matter as scheduled. Well, it is a good thing she did. The lawyer showed up with an empty folder and acted like her knew nothing about the Stip. Moreover, the Court had no knowledge of the Stip either. See how shady people are? So, my friend produced her signed copy of the Stip and showed the Clerk in the courtroom and they so ordered it and dismissed the matter right then and there.

I have a problem with this. What if my friend didnt show up for court and counted on the law firms agreement to file that Stip?

How much follow up do you have to do with these people?

So much for the legal system.

I couldn't agree with you more! The legal system is far from fair, justice can be expensive, and your chances of a getting a good judge are like a coinflip. Moreso, the attorneys who work for debt collection agencies are, in my experience, some of the most unethical people I have ever encountered. When dealing with them, you always have to be on your guard.

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So, if your older, and feeble minded, immigrant, and non-english speaking, or just don't know, then it's ok for "the system" to take advantage of you?

That's just not right.:(

In your friend's case, it sounds like the attorney for the other side was shady. So, it wasn't the "system" per se. And why would you trust your oppenent in a dispute? Would you at least follow up to make sure they kept their word? Your friend had the signed Stip. If it were me, I would have had no problem contacting the court on a regualr basis to make sure the document was filed properly.

As for older, feeble-minded, and non-English speakers, I hope they would not enter into a credit agreement without understanding all of the terms. Should they get in trouble, there is legal aid, law schools, advocacy groups, the internet, etc. If it came down to it, I would sit outside with a sign that said "Will work for Legal Assistance."

I know that sounds extreme, but my point is that man's inhumanity to man is nothing new. It's timeless. It's to be expected. So, ultimately we better be prepared to be our own advocates. For tose that need it, there is help. The help may be hard to access, but if they perservere, they can find help.

I'm not saying that CAs and lawyers can't be shady. I had a court case myself where the other attorney was playing tricks. I'm saying avoid dealing with them in the first place, if possible.

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