About Kathleen Eads Expertise Having spent almost a decade with a Commercial Collection agency, Kathleen
can answer questions related to collections~calls, motivating debtors to pay,
skip-tracing. She now works for National Skip Trace Network (NSTN), providing
premier technological Directory Assistance to the collections (www.nstn.net)
industry via the internet.
Experience
Past/Present clients Travelers Insurance, Nationwide Insurance, CNA Insurance, USF & G, Liberty Mutual, ACS, Asst Acceptance, Pinnacle, Penncro, Superior Asset Mgmt, PRM, Collins Financial, CBE Group
Question My question is this. Providian National Bank has written off a credit card from me. I received a copy of a letter sent to our local court saying they have filed for a voluntary dismissal of the case, which was filed 7/13/06. I have even, last year, paid taxes on the written off amount. I paid 400 in taxes on it. I just received a subpoena from the court in my old town for the exact same thing. Can they do this when it has already been written off. This new file was opened on 7/10/06. Technically before the dismissal had even been filed. So, now I have to go to court for an amount that has already been charged off. What should I do?
Answer Virginia,
Providian may have written it off, but that doesn't mean it wasn't placed with an outside agency for collections. It could have also been included in a portfolio that Providian sold to an outside debt buyer, who is now trying to collect the principal portion of the debt.
Written off, from Providian's perspective, does not necessarily mean "gone away." They may have written if off for tax purposes, but depending on when the debt was incurred and where, the owner of the debt could have several years available via the statute of limitations where they can pursue via legal means for any balance still outstanding. You say you paid taxes on the written off amount, but that does not mean you paid the bill.
It could be that someone purchased the debt and is not pursuing you in court for the balance owed. Does it indicate a 3rd party or company on the documents you received from the court? If so, contact them and see what can be done to resolve the matter before they wind up getting a default judgment against you for the oustanding balance.
Hope you get it worked out,
Kathleen Crabtree-Eads
