rrene6 Posted February 6, 2022 Report Share Posted February 6, 2022 I have had two collection accounts with Portfolio Recovery Associates since 2018 on two different credit cards, but was never served. Both were Dismissed by PRA without Prejudice after affidavits of non service were filed; one in May 2019, the other December 2019. My question is- how can I get a dismissal with prejudice on these cases? I found this statute for Oklahoma: "AN ACTION DISMISSED WITHOUT PREJUDICE IN WHICH THE DEFENDANTS HAVE NOT BEEN SERVED WITH SUMMONS MAY BE REFILED WITHIN ONE YEAR OF THE DISMISSAL PURSUANT TO THE SAVINGS CLAUSE OF 12 O.S. 1981 § 100". Can I file a motion to dismiss with prejudice with the court for insufficiency of service or lack of due diligence to refile within the one year time frame? I would love to get these two collections cases off my record. I also noticed several discrepancies/errors with both accounts on my credit report, but have not done anything because I am worried about re-aging the debt (last payment on both credit cards were 10/2015). Any advice or help regarding this will be much appreciated! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 6, 2022 Report Share Posted February 6, 2022 2 hours ago, rrene6 said: My question is- how can I get a dismissal with prejudice on these cases? You can't. It was dismissed almost 3 years ago and there is absolutely no legal basis to re-open it and dismiss with prejudice. The Plaintiff is allowed to voluntarily withdraw their case and cannot be forced to do so without being able to re-file. 2 hours ago, rrene6 said: Can I file a motion to dismiss with prejudice with the court for insufficiency of service or lack of due diligence to refile within the one year time frame? Can you? Sure. SHOUD you? No. Doing so would also be a HUGE mistake as it would mean admitting you knew about the suit when they were attempting service. The court could possibly rule that you intentionally avoided service and re-instate their lawsuit. You really do not want that. 2 hours ago, rrene6 said: I also noticed several discrepancies/errors with both accounts on my credit report, but have not done anything because I am worried about re-aging the debt (last payment on both credit cards were 10/2015). The SOL on credit card debt suits in OK is 5 years. That means the SOL for suing expired in 10/2020. If they dismissed in May and December 2019 that means the one year to refile has long since passed and the SOL to sue has expired. If they were to sue you now you would have a gold plated defense to the case in that the SOL is expired. 2 hours ago, rrene6 said: I would love to get these two collections cases off my record. PRA deletes their tradelines after payment. You can make a settlement offer that does not reset any SOL and likely pay pennies on the dollar and get them off. Otherwise there is no magic method for removing valid collection information. The key is making the offer without admitting liability. Edited to add: getting it reclassified to with prejudice is not going to get it removed from your credit reports. You need a ruling from the court on the merits of the case to get a trade line removed. Absent the court saying you don't owe the debt or are responsible for it then "with prejudice" really doesn't help you based on your situation. 2 Quote Link to comment Share on other sites More sharing options...
rrene6 Posted February 7, 2022 Author Report Share Posted February 7, 2022 Clydesmom, Thank you so much for response. I know it seems like I totally avoided these debts and acted irresponsibly, but this was not the case. I left a 23 year abusive marriage and was very naive about several things, including my own credit standing. I have slowly been rebuilding my life and credit in a completely different county. These two debts should fall off my report later this year. I truly appreciate your thorough explanation of my concerns! Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 7, 2022 Report Share Posted February 7, 2022 There is no need to explain to us why you didn’t pay the debts. For the vast majority of us, we got into a bad situation in our lives and defaults were a byproduct of that. 3 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 7, 2022 Report Share Posted February 7, 2022 1 hour ago, rrene6 said: Clydesmom, Thank you so much for response. I know it seems like I totally avoided these debts and acted irresponsibly, but this was not the case. I left a 23 year abusive marriage and was very naive about several things, including my own credit standing. I have slowly been rebuilding my life and credit in a completely different county. These two debts should fall off my report later this year. I truly appreciate your thorough explanation of my concerns! As previously stated, an explanation is not necessary. Our members are here because we all faced situations that resulted in financial problems. Don’t worry about negative accounts that will fall off your CR later this year. If you have positive accounts on your CR, older negative accounts eventually have less of an impact on your credit rating. Just let the old accounts fall off. 1 1 Quote Link to comment Share on other sites More sharing options...
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