Court observations on Providian/Discover/MBNA
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Posted by latvija (18.104.22.168) on December 05, 2003 at 19:52:36:
I have been served a Summons from Wal*Mart Mastercard, aka Chase Manhattan Bank. This is a limited Civil action as opposed Small Claims Court trial. The site is Superior Court of California, County of Alameda.
I went to the Calendar listing, then picked out the Judge and looked at the Calendar for that department. I discovered that Providian uses Civil Court instead Small Claims Court because "10. Plaintiff cannot utilize Smalll Claims Court due to economic impreacticality. The volume of delinquent credit accounts that the Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance would require Plantiff to hire additional personnel. 11. Plaintiff has retained legal counsel to file suit; prior to filing suit, Defendant was sent written notification of the intended legal action and that legal action could result in a judgment against defendant which could include cost of suit and reasonable attorney's fees."
In this case I'm citing, Providian provided the Court with their version of debt validation. It looks like a computer printout of part of the defendant's account. Providian also provided a copy of the credit agreement.
In my Court system, limited Civil suits can found as, "Civil OSC," "Order of Examination," and "Civil Law and Motion."
The Discover and MBNA cases were similar. In all three cases, the Sheriff had served a levy on the bank account. Each defendant filed a Claim of Exemption, which was denied by the Court.
I would suggest that those who are being sued or about to be sued to see if their Court is online. Going through the creditor grantor's paperwork is interesting.
I lumped Providian, Discover, and MBNA together, because the same law firm was representing them.
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