Uclydes

Advice for summons with payment arrangements setup with PRA in Tennessee

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Long story short, I got summoned a month ago and have been fighting with PRA since. I'm not one to run from debt I owe, i simply forgot about this account since there are alot of them I'm dealing with. Once I got the summons I reached out and setup a payment arrangement. 

I've since then paid and they cashed the check and processed it. I have asked many times for them to send the agreement paperwork to me and they have not. They keep giving me the whole well I have to forward it to this person who forwards it to this person... eventually ending up with the infamous Nathan Horton. 

My show date is on Monday for civil court so I don't have much time other than bring my cashed checks from the bank and maybe some written call logs. 

What are my options if they still try to push for judgment regardless of the payment arrangement since they wont release the paperwork?

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So you paid them up front without a settlement agreement in hand? Not to rub salt in a wound, but exactly for the difficulty you're experiencing is the reason you never pay these guys on a handshake. 

I don't suppose you recorded the calls either. 

If you have no proof they agreed to settlement for a lesser amount, the only thing you can do is hope they admit the verbal agreement to the judge. 

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Excellent! So bring those with you in case you get to court and they play dumb.

Tennessee appears to be a 'one-party' state, so they can't complain you recorded them without permission. 

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I'm a complete novice here, so please excuse my question. What is the tactic of using the recorded call?  I mean even though I have a payment agreement setup, they can still pursue judgment, right? Or is this kind of a good faith / mercy move? 

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Maybe i misunderstood. You said you entered into an agreement, paid them and they cashed the check. I took that to mean you had paid them the full amount you had agreed upon. If that were the case, the debt would be satisfied per your agreement, and the court would have to dismiss the lawsuit since there is no more debt owed. 

If you are still making payments, and regardless of any agreement, written or otherwise, they can still pursue judgment against you. The court will probably consider the amount agreed upon in the telephone conversations as the 'new' amount owed, and grant judgment against you in that amount. 

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44 minutes ago, Harry Seaward said:

Maybe i misunderstood. You said you entered into an agreement, paid them and they cashed the check. I took that to mean you had paid them the full amount you had agreed upon. If that were the case, the debt would be satisfied per your agreement, and the court would have to dismiss the lawsuit since there is no more debt owed. 

If you are still making payments, and regardless of any agreement, written or otherwise, they can still pursue judgment against you. The court will probably consider the amount agreed upon in the telephone conversations as the 'new' amount owed, and grant judgment against you in that amount. 

That's what I thought. I have a feeling they will still pursue judgement. Now, there isn't anyway I can pay so what are my chances on getting a stipulated judgement since I have a payment arrangrmrnt setup. Or should I push for installment payments? I'm self employed but in TN, they can go for home and bank levys. 

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20 minutes ago, Uclydes said:

Now, there isn't anyway I can pay so what are my chances on getting a stipulated judgement since I have a payment arrangrmrnt setup.

Typically the chances are good, but it depends on things like the amount of the debt and how much you agree to pay per month.

I wouldn't be the least bit surprised if they catch you in the hallway outside of the courtroom to 'seal the deal' at that point.

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