PRA Collection / Judgment vs. CFPB Consent Order

[Anonymous]

I have a collection & default judgment on my reports from PRA. The amount of the collection does not match what my account was charged off at. Furthermore, the default judgment is for a slightly different, yet still incorrect amount. What are my options to address these? I realize the CFPB ruled against PRA and has a consent order against them for collecting on debt amounts that are incorrect. 

1. Should I open CFPB dispute on PRA for the collection amount differing from chargeoff and citing the consent order?

2. How should I handle the default judgment for the incorrect amount? This went to default judgment 12/2014. Is this cause to vacate?

[RobertEG]

The amount that was charged-off by the creditor does not thereafter establish a fixed amount of debt owed by the consumer.

Additional interest and fees can normally be assessed after the debt was charged-ff.

FDCPA 808(1) explictly authorizes debt collectors to include as part of the current amount of the debt any fees or interest that are either authorized in the account agreement that created the debt or are otherwise permitted by law.

Account agreements almost always include standard terms that permit such interest and fees.

To assert lack of authority to assess such amounts requires a showing of no such authorization in your ortginal contract and no other provision of law.

Similary, judgments normally specifiy the amount of the debt at time of entry of the judgment, and if the judgement permits additional interest or fees, likewise does not limit the amount of the debt as it remains unpaid.

The asertion that either the amount of the debt at time of charge-off or at time of entry of a judgment fixes the amount that a debt collector may attempt to collect is not an accurate statement of the law.

[Anonymous]

Thanks for the reply. The amount PRA sued for was erroneously for the exact amount owed the month prior to charge off. Furthermore, the exhibit B "BILL OF SALE AND ASSIGNMENT OF ASSETS" says:

The undersigned Assignor ("Assignor") he·reby absolutely sells, transfers, assigns, sets over, quitclaims and conveys to Portfolio Recovery Associates, LLC, a limited liability company organized under the laws of Delaware ("Assignee") on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignor's right, title and interest in and to each of the assets identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit A (the "Assets"), together with the right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and after the date of this Bill of Sale and Assignment of Assets.

Exhibit A - though not marked is assumed to be Exhibit A is the final charge -off statement with the correct amount (and shows the difference between what PRA sued for an what the original creditor credited back prior to charge-off"