First Select Corporation And Bernardi And Spencer Attorneys At Law credit card debt, now parents are losing their house Pleasanton California
My mother had a credit card several years ago through Providian National, the card went into default when my father and her were unable to make the payments due to their health and age (she is now 78 almost 79 and Dad recently passed at the age of 78). When the card went into default it there was a balance owed of just over $6,000. Mom has now been sued and a lien was placed on her home for over $16,000.
the attorney who works for First Select Corporation (the collection for Providian) has sued her and refuses to discuss the case with me he simply states that my mother needs to come in and see him. His office is over 80 miles away and my mother is on oxygen, the trip just isn't possible. He has refused to accept a settlement on the original debt and will not send us an accounting of the debt to explain where the additional $10,000 came from. He also states that he is not help accountable by the Collection agency laws because he is not a collection agency, but an attorney.
can you give us any advice?
Ashraela
the dalles, Oregon
U.S.A.
2 Updates & Rebuttals
Ex Service Tech.
Chelsea,Massachusetts,
U.S.A.
A web site that could answer your question.
#3Consumer Suggestion
Sat, May 09, 2009
You could try asking that same question at ExpertLaw.com.
They have given me good legal advice in the past. And its Free!
Good Luck.
John
Louisville,Kentucky,
U.S.A.
RE:
#3Consumer Comment
Sat, May 09, 2009
Was a summons served to your mother and did she (or someone else) show up in court? If no one showed up then that's the core of the problem. When you don't show up in court, the other side wins a default judgment on their terms, which means that the original debt is doubled or tripled. If you're not there to challenge this then they can get away with it.
A lien is only good to them if your mother sells the house. They cannot force your mother to sell the house against her will.
Social security cannot be garnished for credit card debt.