[linda1059]

Could someone help me with the procedure I should follow? Iwas served a summons by the sherriffs dept 2 days ago. My husband became terminally ill from a rare cancer in August 2006. Providian was dogging us for payments and refused to take less than what they wanted monthly, long storey short my husband passed last sept at age 44 and I am barely making it money wise and am on food stamps for the first time. I have 30 days from July 21st to answer to the complaint by filing with the clerk of said court and serve upon the plaintiffs attorney. I owe 1505.32 to providian who was purchased by LVNV Funding LLC, It says 7% prejudgement interest from aug 18th 2006 forward. It was included in a credit counseling consolidation for 2 years prior trying to pay it off until we had to stop the payments due to our situation therefore there were no purchases on it for that time. There's a plaintiffs affiadavitt of indebteness an ownership of the account included in the summons. On the pink very top page it says I have this day served garnishee by leaving a copy... I need to know exactly what my best options are here so details are needed. Im in south ga and there lawyer is in macon or middle Ga. I need some Georgia related info and forms etc. Is it possible to get legal aid for this or possibly bankruptcy as I have other debts and cannot afford a lot. I have saved a copy of the letter for the Discovery, anyone that can spell out my steps to take I will really appreciate it and any options etc. Thanks for your time muches;)

[JudyKayTee]

When was the last activity on the account? I am asking because of the statute of limitations.

No one can recommend a specific Attorney. If you call your local Bar Association they will recommend an Attorney to tell you how to proceed.

[linda1059]

2004 sometime I am pretty sure is the year we started the debt consolidation. Would have to dig to know for sure.

[JudyKayTee]

What State?

[linda1059]

Georgia

[JudyKayTee]

We'll have to sort of walk through this, one step at a time. The Statute of Limitations on an open account (which is a credit card) is 4 years in Georgia - that's 4 years since the last activity (payment or charge). Has the account been activiated (payment/charge) within the past 4 years? It would appear that there were payments.

(I apologize for not reading your post more thorougly - you clearly say GEORGIA more than once and somehow I missed it every time.)

You can always contact the Attorney and see if they will settle for a lump sum but that is meaningless if you don't HAVE a lump sum to give them.

In my area (NY) legal aid will NOT help file in Bankruptcy. You need a private Attorney. If you look through your phone book you should see several (because of the economy) who advertise "reasonable rates" for Bankruptcy. I would make an appointment to discuss this with one of them.

You certainly could fight the Summons but if you owe the money I don't see the point - you will simply waste time and energy and end up in the same place. I do not see a legal defense here (except for the Statute, if that is possible).

As a side note - I lost my husband almost 2 years ago. He was also sick for a long time. My sympathies - it's difficult to suddenly find yourself alone in a financial tangle. I trust you are taking care of yourself - ?

[ScottGem]

First question, did you sign for the account with your husband? Second, you say the last activity was in 2004. But, you say interest is being charged from 2006, which would indicate that may be the last activity. Also was this a credit card or a loan?

Finally, are you currently employed? Do you have any assets?

[linda1059]

Its just in my name, Iam employed but get only 25 hrs a week with bi weekly pay. It is a CC that was providian until the place I mentioned in original post purchased it. As far as assets my 2002 truck and 1994 doublewide have liens against them, that's all I have other than normal contents like furniture, clothes etc. My job I finally got 2 weeks ago, these folks did not waste any time.

[ScottGem]

Well you are mostly judgement proof. But I do see them being able to get a judgement.