PRA and Post-Judgment Interest

Portfolio Recovery Associates, the second largest debt buyer in the US, issued an annual report in 2014 containing an interesting message from CEO Steve Fredrickson: We do not charge interest on U.S. accounts, except in rare cases in which a court mandates an interest award in a legal case. This helps give light at the… Read more

Portfolio Recovery Associates, the second largest debt buyer in the US, issued an annual report in 2014 containing an interesting message from CEO Steve Fredrickson:

We do not charge interest on U.S. accounts, except in rare cases in which a court mandates an interest award in a legal case. This helps give light at the end of the tunnel to consumers and permits them an opportunity to focus on paying down a fixed sum over time.

In 2014, in Stratton v. PRA, the 6th Circuit Court of Appeals held that PRA has no legal right to collect interest on a debt that it had bought. PRA’s policy of not charging interest (without a judgment) is probably not a charitable gesture to America’s struggling consumers. It is more likely just a sensible compliance decision to avoid more lawsuits and CFPB investigations about attempts to collect interest.

PRA’s claim that awards of interest in court cases are “rare” is more problematic: many states, including Maryland, provide for substantial interest on unpaid judgments. Far from being rare, the award of post-judgment interest in legal cases is routine. In Maryland, if PRA takes you to court and wins, PRA (like all other litigants) is going to get post-judgment interest at the legal rate of 10% per year.