Out of the blue judgment
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Posted by Very upset - advice please? (24.193.86.26) on March 26, 2003 at 15:10:00:
I handle a lot of my mother's financial affairs. This morning, we discovered that her checking account had been blocked. The bank told us that Providian had obtained a judgment against her for an outstanding credit card debt. We're in NY State, by the way, Westchester County. When we got back home, I found her Providian/Aria card. It had never even been activated. A call to Providian resulted in them telling us that we need to speak to the attorney representing them. I called this lawyer. She stated that my mother was served a summons on August 15th, 2002, and that she had 30 days to reply at that point in time. Basically she said that there's nothing we can do at this point, even to get information about this debt. The only way we could dispute this would be to go to court ourselves. Forgive me if this sounds confusing or convoluted, but we're both VERY upset right now. Questions are: Is it true that we can't even get information from them at this point, without some sort of court order? Our bank says the funds are still there, but that there's an "administrative hold" on the account. What does this mean, and how should we best proceed.. is there any way we can "unblock" those funds until this is resolved? My mother was never served with any papers. Doesn't that play a role here? We have no record of being contacted about this at all. We'd like to verify whether this debt has anything to do with us, and if so, work out some sort of arrangment. Surely if we had been informed in some way, let alone served papers, we would have addressed this long ago. If this does have to go to court, what sort of court and where? Seems it will be a major hassle if we need an attorney, but this just feels like she's been ripped off, they can do whatever they want. Any advice would be greatly appreciated. Thank you, Mark - an upset son
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