Re: Charge offs
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Posted by Why Chat (209.240.205.61) on December 15, 2003 at 22:26:04:
In Reply to: Charge offs posted by Vickie on December 15, 2003 at 20:32:22:
You say you last paid Providian in July 2001?. Was the account current then? Or was it past due with late charges? When was the last time you were actually able to USE the account?If it was over 3 years ago,you are past the legal time limit for being sued. In any case, the CA from Ohio is making an illegal threat to sue and garnish. They cannot sue you in your State unless they hire a SC lawyer to represent them, and even then,the case would ikely not meet the SC requirements. Their threat is also illegal as there is no wage garnishment allowed in SC (or Texas). If the letter included the "mini-miranda" (your right to dispute the account) you should do so. There is a dispute/cease and desist/validation letter on my website (linked on the *Newcomers* post) Do not bother to transfer your trailer, as I doubt it would be worth more than your homestead exemption, and besides, it is on record as jointly owned with your ex. Check your credit report, particularly your Experian report, see when this account is scheduled to be removed.(on the Providian entry).
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