13 years after Providian records custodian Martha Kunkle died, Portfolio Recovery Associates continued to use affidavits that Ms. Kunkle allegedly signed.
I have heard outrageous stories of attempts to collect from deceased borrowers but Ms. Kunkle’s records affidavits for Providian credit card accounts present a strange twist. I hope that Ms. Kunkle is finally allowed to rest.
Portfolio Recovery Associates, a publicly traded debt buyer, filed a lawsuit in July, 2010, attempting to collect $ 2,892.10. Portfolio Recovery Associates appears to be pointing the finger at Washington Mutual the successor to Providian National Bank. Most of the affidavits executed by Mrs. Kunkle are intended to support credit card account originally opened by Providian National Bank before WaMu acquired Providian in 2005. In turn, Chase Bank acquired WaMu in 2008, further complicating the chain of title and records integration issues. Former Chase Bank executive Linda Almonte has already exposed other problems in Chase computer records arising partially from portfolios which originated on system’s other than Chase’s main database.
Portfolio Recovery Associates has known about Mrs. Kunkle’s rather unusual residency since at least as early as 2008 when a consumer lawyer deposed Chase employees during 2008. During the deposition, Ms. Kunkle’s daughter testified that “Providian” employees routinely used the name “Martha Kunkle” when signing affidavits.
Although affidavits signed by deceased records custodians present unusually complex problems for the debt buyers who rely on them to prove up the credit card accounts that they sue in order to collect, Ms. Kunkle’s case illustrates problems which remain common in debt collection lawsuits.
Debt buyers typically receive limited information about the accounts that they allegedly purchase. These records are often erroneous, incomplete, or without support. Unfortunately, probably fewer than 5 percent of consumers hire a consumer attorney to defend against lawsuits filed by debt buyers seeking to collect credit card accounts.
As Honorable Jeffrey Lipman, a magistrate judge in Polk County, Iowa, explained :
“I’ve watched and wanted to tell defendants in these suits to demand proof of the underlying debt because that proof is so often flimsy.”
Unfortunately, the rules governing judges’ conduct prohibits judges from saying much about this open secret.
Hiring a lawyer to defend consumers against lawsuits attempting to collect credit card and other consumer accounts is often much more affordable than consumers believe.
If you live in greater central Florida and are being sued to collect a consumer credit card account account, feel free to contact my office to learn more.
Portfolio Recovery Associates denies any wrongdoing and states that it is also a victim of Providian / Washington Mutual / Chase’s fraudulent affidavits.
(C) 2011 Donald E. Petersen
All rights reserved
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Ms. Kunkle is alive and well. She is using her married name.
To Mark in Columbus, OH : Regardless of whether the “first” Martha Kunkle is alive, other employees of Providian and Washington Mutual were routinely signing the name “Martha Kunkle” to the affidavits described on FDCPA.Me and in the Wall Street Journal’s coverage. Which bank or collection agency do you work for?
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