Expert: Regan Shinski - 3/25/2010

Question
I was checking my credit reports after quite a long while.I found a judgment on 2 of the credit reports( couldn't see the 3) made on Jan 2007. From a company that sounds very much like a credit card company I had back in the late 90's ( Paid and Closed by 98) But Not. They say 'Providian Nation bank"  was the original creditor and the account opened in 12/2004 $2664 of which I have never heard of such a company nor do I own a credit card. Have not since The Providian Financial in the 90's.  Also says there was a payment recently of $74 ???? Not me. not my debt.  How can I fight this?

Answer
There are two basic steps you can take immediately.  Depending on the responses and what information you find, you will very possibly have to take additional steps.

First, you should send dispute letters directly to each credit bureau.  Just send it to the third because with judgements, it is very likely on there even if you have not seen it.  There is no harm or danger in disputing it with that third credit bureau even if it is not reporting to that bureau.

Secondly, you need to get information on the judgement from the issuing court.  The process of doing this varies by court and jurisdiction.  Some are very automated with online features, others you have to call or go in to.  It probably is best to go to the court if it is reasonably accessible to you.  This way you may be able to get copies of all relevant documents.  What you are looking for is the complaint they filed or any other information about who sued you.  You also want to see how they SERVED you.

Once you find out that information, compare it to the serving requirements in your jurisdiction.  Internet searches and maybe even the court clerks can help you with that.  If you were not served properly you can file a motion to have the judgement VACATED.  You can actually file this just on the basis that you are saying you never knew of the court date, but it would be better to know how they served you and how it complies or doesn't comply with the laws in your jurisdiction.  Having a judgement vacated is basically having it thrown out or set up for a retrial.

You may have some luck on this because of the creditor.  Providian was sold to Chase.  Some things likely fell through the cracks and Chase may not want to pursue a retrial on an old debt.  A collection agency may be more likely to follow-through but not necessarily.

You should know the risk of pursuing this.  If the plaintiff (suing party) chooses to reply to your motion to vacate, you placing them on notice that you are aware of this.  They may start to attempt to collect on the judgement.  That being said, there is no other way to get rid of it other than paying.  Some states allow judgements to be easily renewed and can stay in place and on your credit indefinitely.

Good luck.  I hope this helps.

Regan