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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hi, I had a capital one credit card and I stopped making payments

Resolved Question:

Hi, I had a capital one credit card and I stopped making payments about 2 years ago. Today in the mail I received a Judgment of Dismissal from the Trial Court of Massachusetts Small Claims Session for this account. It states that the claim was dismissed pursuant to Uniform Small claims Rule 7(b). This means the defendant does not have to pay the plaintiff any part of the claim or costs in this claim. I never knew they were taking me to court, this letter is the first I heard of it, maybe because I live in CA now and not MA. So here is my dilemma: I received a letter from a collection agency, Portfolio Recovery Associates in July for this same account and I've been making monthly payments to them of $57.00. Since this was dismissed do I have to keep making payments to this collection agency since I've been doing it? Or can I mail them a copy of this letter I received today? Your help would be really, really appreciated!!! Thank you so much
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

You should send a copy fo the dismissal to them,

WALLSTREETESQ :

however the case could have been dismissed for many reasons, that would still leave the debt valid,

WALLSTREETESQ :

for instance the court, may still allow them to proceed with the case in CA, if jursidiction was the issue,

WALLSTREETESQ :

If you stop the collection agency, may proceed with a lawsuit for the amount regardless in CA, and you would have to litigate the case their in all liklihood,

WALLSTREETESQ :

but you will need to have the entire MA case to be reviewed.

Customer:

Yeah there is a note stating "Plaintiff failed to provide good address". So in your opinion do you think it's best to keep paying the collection agency? I know I owe the debt and it's only $57.00/month and I'd rather not have to worry about being sued again! Thanks

WALLSTREETESQ :

Yes, it seems that the case was dismissed because they did not sue you correctly,

WALLSTREETESQ :

which means that they may try to sue you later anyway in CA,

WALLSTREETESQ :

the debt still remains however,

Customer:

Ok...this might be a really stupid question, but if I pay off this debt with the $57/month to the collection agency, then it will be considered paid and they won't be able to sue in the future, correct?

WALLSTREETESQ :

yes, as the collection agency at this point bought the debt from the creditor,

WALLSTREETESQ :

you will need to make sure they send you an official satisfaction letter,

WALLSTREETESQ :

as well,

Customer:

Ok thanks so much for your help!! Have a great night:)

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied with our service please press the accept button so we can receive credit

Customer:

Thank You...and yes I will

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

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