IslandPeach

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About IslandPeach

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  1. Hi BV80, Are they updating their entry on your credit report every month? Or have they stopped updating? It seemed like they had stopped updating since there was no history related to Midland Have they updated their entry on your credit report since the lawsuit against you was filed? As of 6Apr19 (I have a copy), they had NOT updated the credit report since they filed 27Dec18. I checked it Friday again and still showed "collection" BUT just checked again and they updated it to read "Account information disputed by consumer, meets FCRA requirements".
  2. Hi @firsthardcheese, I thought the same - AAA will see Midland and decline but that's not what happened so the tables, on that point, may be turning. Thanks for the procedural info.
  3. Thanks, @clydesmom. Hi @BV80, per FDCPA 15 USC 1692e (8) - False or misleading representation: "(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed." So my understanding is that continuing to have the credit report marked "collection" is not the same as "disputed" since I Answered the complaint "disputing" the civil action hence a violation.
  4. Thanks, @firsthardcheese. My thought with the reason for Arb was to use FDCPA violation 1692e (8). I noticed my credit reports show "collection" rather than dispute, as they should. So I'd ask for them to change suit to Dismiss WITH Prej. w/mutual walk away & removal from reports. Would credit reports be considered "hearsay"? Would I need more proof than that? I printed both dated 5 days before trial date. What do you think?
  5. So I walked back in and picked up a copy of the dismissal for peace of mind and in case someone on here thinks I need to do something else other than count my blessings.
  6. Update: Today is court date and Midland Dismissed WITHOUT Prejudice sometime today per Clerk. My answer included Defenses: Request for Arb AND Lack of Jurisdiction. I filed with AAA overnight per FDCPA violation (credit report shows collection action but didnt note on the complaint) and walked in 3 hours early to file the MTC Arb. Georgia rules don't stipulate a timeline. Should I a) get a copy from the clerk to make sure or wait for it in the mail/process server, b) email plaintiffs lawyer advising the dismissal needs to be mutual and advise I want Dismissal WITH Prejudice since I had already filed the AAA claim otherwise I'll continue with Arb claim or c) do I need to file some other form I'm not familiar with? Appreciate any input.
  7. Thank you, Clydesmom. I'll be dealing with Cooling & Winter in Gwinnett.
  8. Hi all, I've been reviewing, taking notes and trying to get all my ducks in a row for a pending suit brought on by Midland/BestBuy/Citi. First, and foremost, thank you to those who have posted their situations and those who have replied with logical next steps or thoughts. Your insights, suggestions and experiences have brought a sense of relief to what started out to be "one-more-thing" on my stress filled plate. Onwards...I have an answer prepared (which may have more than needed, hence my request for help) and attached for which I'd like some "kind" input as to what to keep and what to delete. In advance, I appreciate the community's help. Answer - DWP MIDLAND.rtf