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Question
Hi, my wife had a credit card a few years ago through Providian bank, and due to a job loss, she let the card go, she made the last payment in 2004, but the CC company refused to work out payments. Right now the total debt with interest is about $2800. The debt has now been sold off as of 2005 and they have sent her a summons.

So my questions, what do we do next? How do we answer the summons? Neither of us has ever been to court for more than a traffic ticket so we do not even know where to start.

We know they will get their judgment, and th be honest don't care because we know we owe the money, but how do they expect payment in this situation, there is no way we can pay a lump sum, will there be arrangements made or will they garnish wages? We live in Utah, we really don't know a lot about this process, so any help would be appreciated.

Thanks!

Answer
What state do you live in? Providian debts are now out of stat for most states. If it is out of stat then you really don't owe the money any more and the debt is uncollectable.

Furthermore, do you really owe the amount they are asking for? Most likely not. Even if you pay the debt Providian won't get a crying dime because they sold those debts long ago.

So what your response might be probably depends on what state you live in.

Bill Bauer
405-684-9297
405-227-9423

The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

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You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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