I had a credit card account with Providian. I closed the account back in 1999 and thought I had paid it off in full.in September I get a notice from the sheriff's office that some one has file a law suit against me. It was a collection agency called Unifund CCR Partners which had purchased the account from Providian. During that time Providian was charging me interest and made no attempt to collect the debt they claim I owed them. Unifund CCR Partners did not buy it until June 30.
They made no direct attempt to collect the debt and continued to charge more interest on the amount. Companies should not be allowed to charge interest when they have made no attempt to collect the debt. They should have to show evidenced that they made an attempt to collect the debt and should not be able to wait four years and try to collect the debt and charge interest regardless of the statute of limitation. They should also have to show proof that they made and attempt to collect the debt and that they made more than one attempt to collect the debt when they file a lawsuit. Copies of collection letters should only be accepted if they are accompanied by a certified mail receipt. The collection letters are already typed all the collection agency has to do is put someone's information on it and send it to them and with computers and the letters be pre typed they can make as may as they want and put what ever date or dates they want on the them but that dose not necessarily mean that they sent the letter to the person.
Do not give me any malarkey or what if about someone skipping out on them because how do you go and file a lawsuit against someone four years later if they skipped out on you and you do not know where they are? I do not think you can get a judgment, default judgment, or garnishment if they can not serve the defendant with notice of the lawsuit or garnishment so it would be a waste of time and money to file a law suit or garnishment. Companies like Providian do not loose a lot or if any money on bad debt because they sell it and write it off as bad debt on their taxes. What is to stop these companies from waiting eight or nine years when the statute of limitation is about to expire to try to sue someone and charge them unfair interest? If this were person to person the plaintiff would be asked why they waited so long to pursue the matter. Why should companies like Providian not be held to the same standard?
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