[nycshortie72]

How in the heck do I fight Wolpof & Abramson?

I had a Providian credit card, paid it off, received nothing from them. Went overseas for a couple years (not military related). Pulled my credit report this year and found a judgement from 2001 - I'm a new yorker, we pay cash or we don't get it, no reason for me to ever pull the report. I am trying to purchase a home hence the reason for pulling it.

So, then I get a letter from Wolpof stating they will garnish me which I am certain requires a hearing.

I am one of the People that received a refund ($12 i think) from Providian as part of the settlement of the Class Action Law Suit and from what I have found on the net, it means that my account was one that was "cooked" by Providian. Also, it is appearing as Platinum Financial on my credit.

How do i fight them at the garnishment hearing? - Which I have not received a summons for, their clerk (Wolpoff) probably slipped up by telling me It was May 15th yet my general district court has no record of a hearing for that date.

Im not going down without a fight. I can prove with my passport that I was not in the country when they placed the judgement or sent the summons. I can also prove that as part of the terms of settlement (using the actual court paperwork from California) that any debtor that was refunded money was suppose to have their account deleted (because they could not possible refund all the money to every single customer affected)

Will the judge for garnishment listen to that? What are my options? What is my best strategy? Thank you so much!

Natalie

[jk]

you may be able to have any enforcement of judgment stayed oropossibly even have the judgment set aside if you can prove you were not served properly although there may be a time limit that has passed preventing you from taking this action.

You need to get the file for the suit in which a judgement was ordered agaisnt you and see if you were served properly.

If this, or any other action was not proper, you will need to file a motion with the courts to revisit the case and set aside the judgement.