upontheventura
Member
What is the name of your state?NH
Well here is how things ended up~
Cancelled my BK (Im out 600 bucks and will get about that amount back)
Called the lawyer who was handling the one(of two) delinquent Providian accounts, now owned by a collection agency. I tried him (and the collection agency many times before getting a call back. This particular agency obviously hands EVERY account to lawyers on retainer in the various states~ They were very nice, asked me for my state and said I would have to call their lawyer there... which is the firm i received the letter from on 8/20..
I told him my situation, how i was broke a few years ago due to employment circumstances and that providian had raised my interest rate to 29.9% on an account with a $7000 balance- after ALL my payments had been on time. He knew my lawyer I was going to file BK with as well. I explained how i thought things through and did not want to file Chapter 7 for 2 accounts totaling 13000.00. He was very nice and agreed. he asked me my income, rent payments/car payments. I told him I would give him the $600.00 I was getting back from my lawyer and I could afford to pay $130.00 per month. Its going to suck big time but I can get a second job if i need to. And the kicker was this: I was already SERVED with a summons on 9/27 or 9/29~ I forget what he said. Well it was an attempted service at my mailbox Ect place. needless to say I go there now with my head held down in shame like a criminal. They gave the sherrif my old address in a different city 50 miles away, so they wouldnt have found me there either.
The lawyer was extremely nice and appreciated that I was trying to pay my debt. And to tell you the truth, whether it was the right decision or not, I felt pretty good about it too. He also offered a settlement- I told him If i had $4000.00 to end this right now, I would. But i don't. He said he understood and that if my payments were made on time, it was something we could talk about down the road. He talked to me like a human being which was nice.
Then he wanted my real address. I was very worried and asked him, so you can just serve me papers there? He said no, that they will need my real address to send me this contract i will be signing. This firm is totally reputable so I gave him my address, and he understood that i didnt have this money and would just declare BK anyway.
I received the contract in the mail yesterday, it is fine, no hidden legal terms~ He didnt even make me pay immediately- My minimum $130.00 payment is due by Nov 1st (and the 1st of the month thereafter), and my $600.00 lump payment is due by Nov 15th. I will be paying by money order.
And yes, we did discuss validation.. He offered to send me my final credit card statement which was in front of him, I DO NOT know if my signed application was in existence anymore, but I made my decision to pay. Wrong or right.
Anyway, now i just have the other account to worry about. SOL runs out in about 8 months. No lawyers from that one yet. Just two collection agencies on that one that seem to be working together.lol.
Just a good lesson for everyone here- if a laywer sends you a letter- you may be sued immediately (like i was about to be) after your 30 days to respond is up. I was shocked that they(attempted to) serve me so fast. I also joined PACER- it is the Electronic Court Filing thing so i can look for any pending lawsuits~ I am a little worried because i searched about 10 days after that attempted service was done and there was nothing in the system under my name.. I thought when the papers were filed with the court, that that would show- It didnt.
Well here is how things ended up~
Cancelled my BK (Im out 600 bucks and will get about that amount back)
Called the lawyer who was handling the one(of two) delinquent Providian accounts, now owned by a collection agency. I tried him (and the collection agency many times before getting a call back. This particular agency obviously hands EVERY account to lawyers on retainer in the various states~ They were very nice, asked me for my state and said I would have to call their lawyer there... which is the firm i received the letter from on 8/20..
I told him my situation, how i was broke a few years ago due to employment circumstances and that providian had raised my interest rate to 29.9% on an account with a $7000 balance- after ALL my payments had been on time. He knew my lawyer I was going to file BK with as well. I explained how i thought things through and did not want to file Chapter 7 for 2 accounts totaling 13000.00. He was very nice and agreed. he asked me my income, rent payments/car payments. I told him I would give him the $600.00 I was getting back from my lawyer and I could afford to pay $130.00 per month. Its going to suck big time but I can get a second job if i need to. And the kicker was this: I was already SERVED with a summons on 9/27 or 9/29~ I forget what he said. Well it was an attempted service at my mailbox Ect place. needless to say I go there now with my head held down in shame like a criminal. They gave the sherrif my old address in a different city 50 miles away, so they wouldnt have found me there either.
The lawyer was extremely nice and appreciated that I was trying to pay my debt. And to tell you the truth, whether it was the right decision or not, I felt pretty good about it too. He also offered a settlement- I told him If i had $4000.00 to end this right now, I would. But i don't. He said he understood and that if my payments were made on time, it was something we could talk about down the road. He talked to me like a human being which was nice.
Then he wanted my real address. I was very worried and asked him, so you can just serve me papers there? He said no, that they will need my real address to send me this contract i will be signing. This firm is totally reputable so I gave him my address, and he understood that i didnt have this money and would just declare BK anyway.
I received the contract in the mail yesterday, it is fine, no hidden legal terms~ He didnt even make me pay immediately- My minimum $130.00 payment is due by Nov 1st (and the 1st of the month thereafter), and my $600.00 lump payment is due by Nov 15th. I will be paying by money order.
And yes, we did discuss validation.. He offered to send me my final credit card statement which was in front of him, I DO NOT know if my signed application was in existence anymore, but I made my decision to pay. Wrong or right.
Anyway, now i just have the other account to worry about. SOL runs out in about 8 months. No lawyers from that one yet. Just two collection agencies on that one that seem to be working together.lol.
Just a good lesson for everyone here- if a laywer sends you a letter- you may be sued immediately (like i was about to be) after your 30 days to respond is up. I was shocked that they(attempted to) serve me so fast. I also joined PACER- it is the Electronic Court Filing thing so i can look for any pending lawsuits~ I am a little worried because i searched about 10 days after that attempted service was done and there was nothing in the system under my name.. I thought when the papers were filed with the court, that that would show- It didnt.