After the untimely death of my spouse, I fell behind on two accounts with Providian. I tried making payment arrangements directly with them, was turned down numerous times. Providian turned both accounts over to collections.
For one account I got LVNV Funding, for the other, Palisades Collections LLC. Once again, I attempted to make arrangements that were within my means to get these debts paid off, to no avail. I couldn't pay what they wanted, they wouldn't take what I was capable of paying (I offered $50. Per account per month. Balance on one account was approx $2000 when we started, the other was $5000).
Both of these collection agencies then went to Weltman, Weinberg and Reis, LLC for legal action. I tried payment arrangements (again!) which were turned down as being insufficient. They sued, I defaulted (Steve, where were you back then???). The judgments were at much inflated rates (currently $2963 - and $6106 -).
After receiving the judgments, I attempted to make payment arrangements (when will I learn?), which were repeatedly turned down. WWR attempted to garnish my bank acct, which I successfully had overturned based on my income being exempt from garnishment (SSA for my kids, I don't work). After going to court and losing, WWR agreed to a payment arrangement of $50. Per month, per account (imagine that... Just think how much of this debt would have been paid off if this arrangement had been accepted when first offered 4 years ago???). I thought this would be the end of the story. I would be the good girl, making payments until my debt was paid, and they would be happy taking what they could get. WRONG!
On 10-27-06, I received a garnishment for my state income taxes. I've remarried, my husband works, by my income remains the same. I have no claim to his income taxes, as the state allocates them to him based on the fact that HE is the one who works, not me. Given these facts, and the fact that I have a payment arrangement (in writing, Thank You Steve!) that specifically states that NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN as long as I make the agreed upon payments (I have). I called WWR to ask them what this was about. I was informed that this was a seperate action, not covered by our agreement (huh?). I then called the courthouse, and was asked if I filed the payment arrangement (why would I, no one told me this was a requirement...). I also questioned WHY the garnishment was issues on 8-14-06, yet I wasn't notified until 10-27-06. I was told to file the objection, save the envelope, and we would proceed from there.
I have now received my court date (12-04-06) which states that I didn't file in my 14 day period. I'm not the only one. The same day that I'm due in court, there is another girl going to court with the same circumstance. How can this company continue to do this? Why weren't we notified in Aug, instead of the end of Oct? I kept my envelope that I rec'd the garnishment notice, the other girl did not. How can you win with a company that doesn't have any morals or good faith agreements?
Steve (from Bradenton) if you're out there, I would really like to hear your input on this situation. Is it legal to inform me 2 1/2 months later that you've filed for a garnishment (by first class mail, no less... No record of what was sent or when)? What do we do from here? The reason that I've been so adament about payment arrangements is that I don't want them to sell my home (I have a $91000 mortgage on a home worth $120 -, that I've been in for 15 years) for this debt. I'm trying, but they are lying, conniving and dogging me at every turn.
This is a CREDIT CARD debt that I've been attempting for years to get paid off. I've been upright and upstanding, making an effort, yet WWR keeps taking side roads that they promised not to. As I said, there are others going through the same thing with this company, and I'm fed up. I need to know my options...
For those of you out there that are looking to find fault with me... Don't bother. My husband and myself do everything that we can to support our family (8 children 1 grandson at home), both emotionally and financially on approx $3000 per month between us. I'm doing my utmost to make this a good situation for everyone involved, and don't need negative input at this point.
Lori
Kalkaska, Michigan
U.S.A.
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