Being sued for Providian???
Date: Wed, 01/20/2010 - 09:29
Could this be made as a sticky please???
I wanted to post this for others to know that if you are sued by a collector for a Providian, compucredit or Emerge VISA or MASTERCARD, make sure you request documents. If they provide you with a credit card agreement look over it thoroughly.
You will see that it might say it is governed by federal law and the laws of New Hampshire only. Use that as your defense in a lawsuit, the SOL is 3 years in NH and must go by that, your states SOL would not apply because it does not allow your states laws to govern it.
Here is a case that supports this right:
http://www.state.in.us/judiciary/opinions/pdf/01121003mpb.pdf
Furthermore I suggest everyone to watch out for this clause and use it to your advantage for ANY credit card.
I wanted to post this for others to know that if you are sued by a collector for a Providian, compucredit or Emerge VISA or MASTERCARD, make sure you request documents. If they provide you with a credit card agreement look over it thoroughly.
You will see that it might say it is governed by federal law and the laws of New Hampshire only. Use that as your defense in a lawsuit, the SOL is 3 years in NH and must go by that, your states SOL would not apply because it does not allow your states laws to govern it.
Here is a case that supports this right:
http://www.state.in.us/judiciary/opinions/pdf/01121003mpb.pdf
Furthermore I suggest everyone to watch out for this clause and use it to your advantage for ANY credit card.
Hi ..thanks for sharing this pokertramp. We can make this a sti
Hi ..thanks for sharing this pokertramp.
We can make this a sticky if someone writes them (content in state.in.us/judiciary/opi...1121003mpb.pdf) in their own words.
Jason