LAKESIDE7777
New Member
Greetings to The Law Forum:
I am seeking suggestions/feedback on the following situation. I received a Small Claims Writ in February – Plaintiff is Erin Capital Mgmt and the lawyers handling the case are from Howard Lee Schiff, P.C. Law Offices.
The account in question was a former Providian Credit Card—Washington Mutual bought out Providian so now it is known by Washington Mutual Providian. The Providian Credit Card was charged off back in 2005 – I was laid off from a job and was unable to keep up the monthly payments. I started receiving debt collection letters from Erin Capital approximately 1 year ago but was unable to pay them (and did not make any payments or respond as I was ill most of last year).
The amount owed to Providian prior to the charge off was about $1,500 (credit limit was $950 – extra fees from late/over limit charges). The Small Claims Writ states the same amount that Erin Capital Mgmt. & Howard Lee Schiff, P.C. is seeking to recover.
I am aware of the charge-off process and how it works and that the debt collection agencies that purchase the accounts pay pennies on the dollar, so for example, an individual that may have owed the XYZ Credit Card Company $2,000 at the time the account was charged off may have been bought by the ABC Debt Collection Agency for, say about $100/$150.
I am knowledgeable that I would have the opportunity to question the plaintiff at the hearing and that both the defendant and the plaintiff (and witnesses) are " Sworn In" prior to hearing the case….here's the catch….on the Small Claims Writ the plaintiff attached a sheet that states that "THEY PURCHASED THE ACCOUNT FROM PROVIDIAN FOR $1,500 (the full amount)."
Here's my question – how can I legally obtain the ACTUAL purchase price from Providian so that it shows what they really paid for it and present it in court in my case against the plaintiff? If I can obtain this document and it supports my case, I would be able to prove that the plaintiff violated several sections of the Fair Debt Collections Reporting Act (including the section relevant to misrepresentation as to the amount owed). I could then force a counter lawsuit against the plaintiff.
I tried several times to contact Washington Mutual Providian and got their Philippines office and then tried their Dallas and California offices but kept getting customer service. They provided me with a P.O. Box for mailing a request but I do not think I will get a reply unless I use other methods. What about a Subpoena or a Subpoena Duces Tecum?
I realize on many credit card applications that it often states in very small fine print that the applicant, by signing the application, gives up their rights to file legal action against the credit card company – but Providian is not longer Providian as it was bought out by Washington Mutual and my account in no longer open with them – can I follow through with this? I am not seeking legal action against Washington Mutual Providian – but if I need to file a Subpoena to get the actual purchase price of my account by the plaintiff I would not hesitate to do so.
What repercussions, if any, could result from a Subpoena? I am, after all, the Defendant and have a right to obtain evidence to support my case.
Looking for suggestions, thoughts, and feedback.
Thanks.
LAKESIDE7777
I am seeking suggestions/feedback on the following situation. I received a Small Claims Writ in February – Plaintiff is Erin Capital Mgmt and the lawyers handling the case are from Howard Lee Schiff, P.C. Law Offices.
The account in question was a former Providian Credit Card—Washington Mutual bought out Providian so now it is known by Washington Mutual Providian. The Providian Credit Card was charged off back in 2005 – I was laid off from a job and was unable to keep up the monthly payments. I started receiving debt collection letters from Erin Capital approximately 1 year ago but was unable to pay them (and did not make any payments or respond as I was ill most of last year).
The amount owed to Providian prior to the charge off was about $1,500 (credit limit was $950 – extra fees from late/over limit charges). The Small Claims Writ states the same amount that Erin Capital Mgmt. & Howard Lee Schiff, P.C. is seeking to recover.
I am aware of the charge-off process and how it works and that the debt collection agencies that purchase the accounts pay pennies on the dollar, so for example, an individual that may have owed the XYZ Credit Card Company $2,000 at the time the account was charged off may have been bought by the ABC Debt Collection Agency for, say about $100/$150.
I am knowledgeable that I would have the opportunity to question the plaintiff at the hearing and that both the defendant and the plaintiff (and witnesses) are " Sworn In" prior to hearing the case….here's the catch….on the Small Claims Writ the plaintiff attached a sheet that states that "THEY PURCHASED THE ACCOUNT FROM PROVIDIAN FOR $1,500 (the full amount)."
Here's my question – how can I legally obtain the ACTUAL purchase price from Providian so that it shows what they really paid for it and present it in court in my case against the plaintiff? If I can obtain this document and it supports my case, I would be able to prove that the plaintiff violated several sections of the Fair Debt Collections Reporting Act (including the section relevant to misrepresentation as to the amount owed). I could then force a counter lawsuit against the plaintiff.
I tried several times to contact Washington Mutual Providian and got their Philippines office and then tried their Dallas and California offices but kept getting customer service. They provided me with a P.O. Box for mailing a request but I do not think I will get a reply unless I use other methods. What about a Subpoena or a Subpoena Duces Tecum?
I realize on many credit card applications that it often states in very small fine print that the applicant, by signing the application, gives up their rights to file legal action against the credit card company – but Providian is not longer Providian as it was bought out by Washington Mutual and my account in no longer open with them – can I follow through with this? I am not seeking legal action against Washington Mutual Providian – but if I need to file a Subpoena to get the actual purchase price of my account by the plaintiff I would not hesitate to do so.
What repercussions, if any, could result from a Subpoena? I am, after all, the Defendant and have a right to obtain evidence to support my case.
Looking for suggestions, thoughts, and feedback.
Thanks.
LAKESIDE7777
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