We have seen a recent increase in the number of consumers sued on an alleged debt arising from an old Providian credit card account. Many people are surprised at these credit card lawsuits because those credit card accounts were so old. Those lawsuits are not brought by Providian, which does not exist any longer; instead these credit card lawsuits are typically brought by debt collectors (for example, Arrow Financial) who have purchased the debt from Providian, or its successors: Washington Mutual (WaMu) Bank or J.P. Morgan Chase.
The good news is that you may have legal defenses if you are sued on an alleged Providian credit card debt. However, you need to assert those affirmative defenses promptly, or you may lose the ability to use those defenses later in the case, including at the trial of the credit card lawsuit.
There may also be other ways to defend against a debt collector seeking to collect an alleged Providian debt. For example, the lawsuit needs to comply with Florida’s court rules for the summons and complaint; often, they do not. As another example, many debt collectors cannot prove their case as required under the applicable Florida laws and rules of evidence. This is important, because debt collectors often try to collect on debts even when they do not have a legal right to do so, such as when the statute of limitations has expired.
It is important to use an attorney experienced in defending credit card debt collection cases to maximize your chances of winning. We have had good success in defending Providian credit card litigation using our knowledge of Florida’s laws, including statutes, court rules and rules of evidence. If you have been sued on an alleged Providian credit card debt anywhere in Central Florida, please call us right away for a free consultation about preserving your rights and a free evaluation of your case. Don’t lose the ability to defend your case properly! You can reach us on our office telephone (407-323-4949), on our toll-free number (1-888-834-5297), by fax (407-323-4955) or by clicking here to send us an email message. Remember, we welcome your calls and emails at any time, including in the evening and on weekends.