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Question
i live in the state of tex. a collection agency sent me a letter by a courier service from the courthouse that stated that i am being sued. i do own the home that i live in. the unsecured debt that i owe is $8,000. providian financial has recently settled a class action lawsuit for the outrageous interest rates charged to the customers.this debt is atleast4 years old.how should i handle this?  

Answer
Hello my friend:

This is a very difficult situation for me to review without the full documents.

You have 2 things going for you in this matter.

1. Providian was sued for doing exactly what you said and they were required to pay dearly for their actions. Here is what I was able to find for you:

Lieff Cabraser served as co-lead counsel in a class action filed against Providian Financial Corporation, Providian Bancorp Services, Providian National Bank and Providian Bank on behalf of customers who had one or more credit cards or Capital Cash accounts at any time between March 19, 1995 and December 14, 2000. The plaintiffs challenged a variety of Providian's practices.  
On November 7, 2001, the Hon. Stuart R. Pollak of the Superior Court of California, the City and County of San Francisco, granted final approval to a settlement agreement in the case, and certified a settlement class. The settlement required Providian to pay over $100 million in cash, credits, and other benefits to the Class, and to stop certain practices that were at issue in the class actions. Combined with an earlier settlement with governmental entities, the award constitutes the largest settlement ever against a credit card company for alleged widespread consumer fraud. Distribution of monetary settlement to cardholders occured in 2002 and has been completed.
After establishing that it was impossible to distribute $5.9 million of the settlement proceeds to Providian customers, the Court ordered in 2004 a cy pres remedy. The Court found that the best possible use of left-over funds was to make grants to community agencies that serve consumers through advocacy, education, counseling and other services. The $5.9 million was distributed among 16 non-profit organizations across the country.
"Our firm is thrilled to have the opportunity to direct cy pres funds to Consumer Action and other organizations, where we know the funds will be used for groundbreaking and important work to advance the rights of consumers, consistent with the objectives of our Providian litigation," said Lieff Cabraser partner Caryn Becker.
Additional Resources
The Federal Trade Commission (FTC) website also provides helpful information to consumers regarding their rights under various consumer laws and also issues "alerts" about unfair practices of which consumers should be aware. The mandate of the FTC's Bureau of Consumer Protection is to protect consumers against unfair, deceptive, or fraudulent practices. The Bureau enforces a variety of consumer protection laws enacted by Congress, as well as trade regulation rules issued by the Commission.
Click on the links below for information on the following topics from the FTC:
Credit and Your Consumer Rights
How to Dispute Credit Report Errors
FTC Consumer Alert! Credit Card Loss Protection Offers: They're the Real Steal
Fair Credit Reporting
Knee Deep in Debt
Looking for the Best Mortgage?
High-Rate, High-Fee Loans
Home Equity Scams: Borrowers Beware!

The FTC also has a page at its website which allows you to file a Complaint against a particular company. You can find the Complaint form here.

The next issue is that you live in TEXAS. That State is a whole different animal when it comes to suing consumers for unsecured debt.

So based upon these two issues, I would (I hate to say this) find an attorney who will represent you against them.

If you want to pay the debt, or get it reduced, I can assist you in working with the attorney, and because of the large amount of traffic that our website gets at collectionindustrylive.com the attorneys will probably not want all of the international publicity in the media, as they are representing a truly MORALLY BANKRUPT COMPANY.

If you need my help just go to my site and click on the VIP SERVICES logo and I will get started.

I will be doing a seminar next week in Mexico for a week, but will be able to be reached via email.

Thanks So Much, and please provide positive feedback!

Have a great day!


Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

ABOUT YOUR AUTHOR:


Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations.

If you are looking for personalized service, Robert now has a reduced fee schedule for AllExperts.com members at:

http://www.mycollector.com/news_vipservices.html


Do you want to see Live Video Results?  Click Here!

http://kdka.com/video/?id=17721@kdka.dayport.com

For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com

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Robert Paisola

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I wanted to take a moment to talk to our clients and readers around the world.
We are facing a VERY SERIOUS and COMPLEX financial disaster in the United States taking place. I am being overwhelmed by victims of companies such as American Express, Nationwide Credit, Allied Interstate, Unifund, and our company Western Capital.
We have also been getting massive exposure from the international media because of the video that we posted on YOUTUBE where we show our live conversation with AMEX and Nationwide Credit. You can see this video at www.MyWesternCapital.com
The Bottom line is that if you have been abused, buy an MP3 Recorder and email us your outline of whats going on. If we accept you, you will be required to pay 500.00 via PayPal.com to robert@mycollector.com and we will do the same for you as you see in the video. I will only take 5 clients a week, because of my speaking schedule.
Again... If you have been scammed, I will personally assist you. If you are a business owner visit my special message for you at www.westerncapitalturnaround.com and send your specific details also to vip@westerncapitalturnaround.com
To your Success,
Robert Paisola www.RobertPaisola.com 801-619-4700 or 1-877-517-9555


As the CEO of Western Capital MyCollector.com , based in Salt Lake City, Utah, Robert Paisola has been distinguished as a foremost expert in the field of debt collection, credit, creditors rights and collection agency administration. Having appeared on many national news and information programs, Mr. Paisola is the expert the media turns to when a creditor/ debtor issue becomes HOT! Check out the web site at www.mycollector.com for more information. If you have a special situation that you need personal assistance with, simply visit www.WesternCapitalVIP.com and you will be on your way to resolving your crisis!

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Over the past few years as I have been able to assist many of you in this and other varous forums, I have been asked over and over about the possibility of hiring me personally to resolve your specific issues.

If your situation is one of crisis - losing a home, serious collection stress, attorney involvement, tax issues, etc, a reduced rate can be provided for direct one-on-one help.

In matters where you have a lot to lose, it may be wise to call our offices at 1-877-517-9555 and ask for Lisa to see if she can set you up as a private client.

Due to my extensive travel schedule, I will not always be able to take all cases, but my goal is to assist as many people as possible.

Most of the time, we get results very quickly and we cut through all the red tape.

Are you the owner or manager of a credit and collections department? Visit www.mycollector.com and spend some time looking around.

You can now have Have Robert Paisola provide on-site training for your collectors and call center employees.

Just Call Western Capital at 1-877-517-9555 for more information or email Robert at trainings@mycollector.com

Finally, If you feel like your life is running in circles and you feel like you have lost all hope, check out Impact Trainings in Utah at www.impacttrainings.com and tell whomever you end up talking with that I personally sent you. I PERSONALLY recommend this program to all of my students, It may be the biggest challenge you ever face...YOU!

UPDATE 7-2006 We are noticing that many of the complaints that you have are against debt collection companies.( Listen to the calls at http://www.WesternCapitalTurnaround.com and you will clearly see that we may be able to assist you.

If you are looking for an attorney to merely churn papers, then I am not the solution. If you are mad as hell and want RESULTS email me now at robert.allexperts@mycollector.com and lets talk. You can also visit http://www.WesternCapitalVIP.com

WOW! I feel like I never get any sleep! YOU ARE MY CAUSE! I LOVE WHAT I DO! But, Sometimes CONFLICT is necessary to PROTECT YOU. JUST GO TO THE SITE AND BE PREPARED TO BE BLOWN AWAY!!!!!!

Also, please take the time to provide your feedback and understand that I WILL ALWAYS REPLY, and take that into consideration when you rate for answering your question QUICKLY!

I have logged in from seminars in India, Germany, Hong Kong, The United Kingdon, China, Japan and all over the world to assist YOU in a timely manner!

Please Visit www.RobertPaisola.com for all of the details!


We are taking this mission very seriously and have received over 2 Million Hits on our site at www.MyCollector.com in the past 90 days.
That shows that YOUR VOICE IS BEING HEARD!

Finally, let me say that I am honored that you are taking the time to read this. We have worked very hard to create CHANGE in the collection industry and we know that you have many choices on this incredible site to submit your questions to, and I am more than happy to assist you! Just Please provide the positive feedback when you receive a reply!

UPDATE- 4-2007 LISTEN TO A LIVE 3 STAGE CALL to ALLIED INTERSTATE AND INTELLIRISK- AS THEY VIOLATE FEDERAL LAW....WITH ROBERT PAISOLA! Robert Paisola wins $30,000 in FDCPA Damages in 45 Minutes! GO TO www.MyWesternCapital.com/news_allied.html NOW! This is a LIVE AUDIO FEED THAT WILL GIVE YOU AN IDEA HOW YOU HAVE TO DEAL WITH COLLECTORS WHO CROSS THE LINE. IF YOU HAVE HAD PROBLEMS LET US KNOW!

UPDATE OCTOBER 2006- NATIONWIDE CREDIT IS NAILED TO THE CROSS BY ROBERT PAISOLA FOR MULTIPLE FDCPA VIOLATIONS- CLASS ACTION LAWSUIT IN PROCESS- MILLIONS TO BE PAID! LISTEN TO THE LIVE CALL AT MYCOLLECTOR.COM

January 2007- Update- It is ESSENTIAL that you understand that ANY question that you ask is NOT being asked to AN ATTORNEY! That is the great benefit of being able to provide you, my readers, with straight forward answers. If you have ANY questions about this Disclaimer... then email us and we will provide you with a formal letter of Clarification from The State Bar Association.. So, If you are happy and understand this.... Ask Away! Also, because of the large volume of mail that I receive from around the world, it may take up to a week to get back to you, PLEASE UNDERSTAND THIS!!! I do seminars and travel all over the world, so Please be kind in your ratings of Timeliness! If you have an emergency, go to www.WesternCapitalVip.com Immediately!

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