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...
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