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abmyers

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  1. So the plaintiffs attorney commited in writing to file a motion to vacate if you settled the account post judgment? My worry is that they fed you some BS to collect. If they put it in writing and its tight legally I asume its actionable and you could sue for breach of contract. If you paid them already I would call and see what the hold up is and remind them of the contract and your intent to sue.
  2. You really have three options - 1. Get an attorney now. The attorney will charge the most for this as they will have to pay first filing fees, service fees, draft more documents, more postage, etc. If you are willing to settle now and the amount is large I recommend this option. An attorney won't charge much to negotiate a settlement and can usually get a better deal than a beginner can. 2. Go it alone. Read threads here. Buy some books. Go to the law library and learn how to draft answers, conduct discovery, prepare for trial etc. If you have the desire to learn and can afford to possibly make mistakes this is a good route. Its kind of fun to learn and if you win you get a great sense of satisfaction. 3. Hybrid method. Start the process on your own but be ready to bring in an attorney if it gets to crazy for your level of expertise/time available to learn. Start by answering the complaint and starting discovery. There are a ton of threads here to help and you can find books with sample forms. Deny everything. Force them to prove everything. See what evidence they have. If their evidence is good and they want to go to court then you can bring in an attorney to fight the last battle. I did this last time. I brought over my folder, briefed him on all of the paperwork I had done and he charged me $300 to send a substitution of attorney to the plaintiff and for his time in court. Turns out Capital One didn't want to fight as much when I was represented and agreed to drop the case. Naca.net is great if you deside to lawyer up.
  3. Is my letter ok? Am I hitting the important points?
  4. Additionally, what is my next course of action if I send this letter and they don't delete? What would be my cause of action for a complaint?
  5. I did. The CRA's both "verified" the debt, even after I faxed them supporting evidence in the signed order of dismissal.
  6. Ok. That makes sense. Should I just send a CMRRR letter to their main address or to their corporate offices or to the attorney that represented them in the case? Would you mind helping me in the wording a bit? Here is what I would start with: To Whom it May Concern: I am writing you to bring to attention an administrative error that is causing me great concern and financial hardship. Capital One Bank has been reporting incorrect, derogatory information to both Equifax and Transunion about a credit card that does not belong to me. I have disputed the trade line numerous times with the aforementioned reporting agencies, and they have reported that Capital One continues to verify the information in my credit file. The credit file is listed as XXXXXX on my Equifax file and XXXXX on my Transunion file. These accounts do not belong to me and were the subject of a recent Civil action, Capital One vs. abmyers. Capital One was forced to dismiss the case, with prejudice due to lack of evidence that the debt belongs to me. It appears that the litigation department has not updated the reporting department with this new information, so I am supplying the information. Attached you will find the Request for Dismissal, signed by Jamie Alsion Forbes, the attorney representing Capital One. Also, please find attached the court ordered dismissal of the action with prejudice. Please note that I have incurred actual damages, as I have recently been denied credit and/or have been accepted for credit at an unfavorable rate. If Capital One does not arrange to have these innacrate tradelines deleted within 10 days I will be forced to seek relief. Thank you, abmyers
  7. I'm still looking for advice on this topic if anyone can help me. Should I take my problem to the CRA's or to Cap 1? Any recommendations on procedure?
  8. He told me the plaintiff called him the day before the court appearance and offered a final settlement offer. He told them to take a hike, that he was prepared for court and had been paid to appear in court and intended on defending his client. I guess they decided that fighting was no longer cost effective since the original balance was only $900. They decided to dismiss with prejudice. Up to that point, we had responded to discovery by denying everything and leaving the burden on the plaintiff to prove their case.
  9. So Capital 1 sued me, I lawyered up and my attorney did a good job and got Cap 1 to file a voluntary dismissal with prejudice. Problem is, Cap 1 is showing the account on Transunion and Equifax as a CURRENT collection account and its costing me 100 pts. I sent the paperwork to TU and EX and disputed, but of course it came back verified. My question is what is the best course of action? Should I send letters to Cap 1 or to the CRAs? Does anyone have any experience with this? What laws are applicable? Thanks in advance.
  10. Well, its not a ruling in my favor, the plaintiff dismissed with prejudice. How should I go about it? Should I dispute verbally and tell them i have the court forms?
  11. My attorney just got the OC to dismiss a CC case w/ prejudice (Cap 1). How can I use the dismissal to get a CRA deletion?
  12. I would consider filing suit at this point. All those FCRA violations at 1k a piece should compensate you for your time.
  13. Is it illegal for me to tell a CRA that inquiries are the result of identity theft if its not true? ie is it illegal for me to tell them my identity was stolen if it wasnt? That seems to be the only way to get EXP to delete inquiries.
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