redbank Posted March 27, 2014 Report Share Posted March 27, 2014 My dad called. Someone attempted to serve me a summons at his house (my permanent address) and mentioned something about care credit... I called care credit and they said they sold it in June of 2013. So I got my brain together enough to pull my yearly report, and looks like it may now be owned by PORTFOLIO RECOVERY ASSOCIATES.Looks like Care credit supposedly charged off $410, but PRA reports $899 owed... It has been a while since I was on the forums. I used to frequent Credit Info Center, and used the things I learned here to get my credit reports cleaned up. But, alas, that was many years ago. My mother died in Sept 2012 and I fell into a funk. I don't remember much about life in general the past 3ish years and I after seeing my credit report, I have a feeling that this is not the only summons in my near furture. I do not remember this care credit, only that it existed... If I recieved any communications from them by mail, I probably threw them out un-opened. And for the past several years I have kept my voicemail full to avoid people in general, and I only answer calls from actual contacts in my phone book. So, I know they are looking for me... to issue a summons... can anyone point me in the right direction on this? I am trying to wake up from the fog I have been in. Thanks for your time and thanks for listening. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 27, 2014 Report Share Posted March 27, 2014 If you're honestly looking to deal with this, call them and give them an address where you can be served. By hook or by crook, they will effect service so you might as well have it be on your terms. The alternative is they get a default judgment and then you have to hassle with getting it vacated.Once you are served we can help you come up with a strategy to deal with these clowns. Since it's been sold twice there is a decent chance they won't have paper on the debt. 1 Quote Link to comment Share on other sites More sharing options...
TomnTex Posted March 27, 2014 Report Share Posted March 27, 2014 I agree. get it served and fight it. What's your SOL? You may be close or past it. Quote Link to comment Share on other sites More sharing options...
redbank Posted March 27, 2014 Author Report Share Posted March 27, 2014 unless its changed, 6 years SOL in TN. I think its only been sold once... from original owner (care credit) to PORTFOLIO RECOVERY ASSOCIATES. So there is nothing i can do BEFORE being served that will help anything? I guess that is what I am wondering. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 27, 2014 Report Share Posted March 27, 2014 My dad called. Someone attempted to serve me a summons at his house (my permanent address) and mentioned something about care credit... I called care credit and they said they sold it in June of 2013. So I got my brain together enough to pull my yearly report, and looks like it may now be owned by PORTFOLIO RECOVERY ASSOCIATES.Looks like Care credit supposedly charged off $410, but PRA reports $899 owed... Good old PRA adding on that illegal interest. LOL Call this lawyer: http://www.barnettelawoffices.com he participates on the forums here as @TNConsumerLawyer and makes cases like this go away for fun and profit. The first consultation is free. 1 Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 27, 2014 Report Share Posted March 27, 2014 unless its changed, 6 years SOL in TN. I think its only been sold once... from original owner (care credit) to PORTFOLIO RECOVERY ASSOCIATES. So there is nothing i can do BEFORE being served that will help anything? I guess that is what I am wondering.Care Credit may have a choice of law provision demanding that another state's laws govern the contract. If that's the case, and that state has a shorter SOL, you can argue (if you end up getting served) that the SOL from that state applies. It may or may not work, but it's worth the effort on the chance it does work. The only thing that you can do before being served is to pay them whatever they agree to accept from you. If you are in a position to make them an offer, and you are comfortable doing this, give them a call and see what they will accept. Edit: keep in mind if you do call them and discus settlement, as @Clydesmom said, the interest they added on is likely illegal. I wouldn't voluntarily pay a dime of anything they are not legally entitled to collect. Of course they will say they are entitled to it. Quote Link to comment Share on other sites More sharing options...
redbank Posted March 27, 2014 Author Report Share Posted March 27, 2014 by interest, do you mean anything over the original amount that care credit charged off ($410) or interrest over the $899 reported by PRA on my credit report? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 27, 2014 Report Share Posted March 27, 2014 by interest, do you mean anything over the original amount that care credit charged off ($410) or interrest over the $899 reported by PRA on my credit report? Interest they added illegally from the point the creditor charged it off until the present date. Generally once a creditor charges off an account and stops adding interest it is deemed waived and a JDB cannot re-activate that but PRA and many sure do try. PRA is also known for adding interest on for time periods prior to their owning the account. That is also illegal. Quote Link to comment Share on other sites More sharing options...
redbank Posted March 28, 2014 Author Report Share Posted March 28, 2014 ok, calling for a consult tomorrow. She came by my dads house again and said she would come again tomorrow and Saturday. After that, she will hand it over to the sheriff... should i be scared by that? She told him court was April 7... Quote Link to comment Share on other sites More sharing options...
Wins the Battle Posted March 28, 2014 Report Share Posted March 28, 2014 You can go down to the courthouse and pick it up yourself. You'll shock the clerks, but that's ok. Then you will have it, and can show it to the attorney you're consulting. Quote Link to comment Share on other sites More sharing options...
redbank Posted March 28, 2014 Author Report Share Posted March 28, 2014 Call this lawyer: http://www.barnettelawoffices.com he participates on the forums here as @TNConsumerLawyer and makes cases like this go away for fun and profit. The first consultation is free. I called his office this afternoon and look forward to hearing from him! 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.