Home-Misallowcation of Payments
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Misallowcation of Payments
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What is the name of your state? Indiana. Providian Bank took a payment I made, cashed my check, credited someone else's account. Turned me over to a nasty collection attorney. They filed suit, I filed my response to the suit (2 days after the Judge entered a Default Judgment). One and a half years later, the Judge sets a hearing to determine if the Default Judgement should now be set aside due to the 2 day stated above. At the hearing, the Judge did set aside the Default Judgement and set the case for a Bench Trial. Now the collection attorney for the Plaintiff/Providian Bank has filed a Motion for Summary Judgment and Designation of Evidentiary Matters. My question is, where is the law that protects a consumer from misallocating payments and refusing to acknowledge that they jumped the gun and involved a collection attorney who is violently fighting for their legal fees. I filed the initial response Pro Se as I did not want to run up a lot of attorney fees over something so simple. This has been going on since August 2000. Got any advice for a consumer taken advantage of by the system?
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