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About CreditFixCD

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  1. being that non-suit wasn't in your poll , and i got a non suit in my cases, I thought it would be relevant to show what a non suit was for those that didn't know.
  2. From Wikipedia, the free encyclopedia United States In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all proceedings will stop. Alternately, if a plaintiff settles with one of several defendants, he or she can file a nonsuit as to that one. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative relief. The law in the United States was established as early as 1828 when the Supreme Court ruled: A nonsuit, may not be ordered by the Court, upon the application of the defendant, and cannot as we have had occasion to decide, at the present term, be ordered in any case without the consent and acquiescence of the plaintiff De Wolf v. Rabaud 26 U.S. 476, 497 (U.S. 1828). A compulsory nonsuit is a decision by a court that a case cannot proceed to trial, either on substantive or procedural grounds. Depending on which grounds the nonsuit is entered, the plaintiff may or may not be able to file his case again. In the U.S. Federal Rules of Civil Procedure, the term does not appear, but a dismissal under Rules 12 and 41 has a similar effect. Often, the term "nonsuit" will appear in older U.S. cases. The meaning of the term in most of these older cases is the same as described for the United Kingdom (see below). This is because most colonies, upon separation from England, still used English common law (as no U.S. or State-specific laws had yet been passed). Modernly, this type of motion is known as a "motion of dismissal". Virginia In Virginia, which does not follow the Federal Rules, a nonsuit is known by that name. A nonsuit is simply an agreement by the plaintiff not to proceed in that suit against that defendant, and is not a bar to bringing a future action against the same defendant.[1] There are restrictions on when a Virginia nonsuit may be taken, and only one nonsuit may be taken against a party on a cause of action as a matter of right.[2] Within the limitations, a plaintiff has an absolute right to one nonsuit.[3] A Virginia plaintiff who takes a nonsuit may bring a new action against the same defendant(s) on the same subject matter within six months, regardless of the operation of the Statute of Limitations.[4] The difference between a Federal Rule 41 dismissal and a Virginia nonsuit is more a matter of form than substance, although the Virginia statute does not require the consent of the defendant and can be taken at later stages in the proceeding.[5] A nonsuit is often taken by a plaintiff who anticipates a judgment or ruling that "imparts finality" against him, who wants to avoid the adverse judgment and preserve at least the possibility of prevailing on the merits of his case in the future.[6]
  3. I couldn't vote I was in Mecklenberg Co. Va. ( general distric ) Went to court 3 times and got a (non-suit) on all 3. I consider that a win. Midland was first, won that by claiming I did't owe , asking for a bill of particlars, showing a lot of inconsistent info between jefferson capital, midland ,and my credit report. Cap-1 was next- won that by SOL lvnv was last and easy- SOL
  4. buckeyechick1219, I can't help you, but I will ask you a favor. I see your from Ohio and Ohio has at least one terrible law for consumers. The 15 year SOL. In order for this to change , all consumers in Ohio need to band together. Write your Congressman. Go here: Raise hell about the 15 year SOL.
  5. Just don't give in and keep fighting. Try e-mailing all NACA attorneys in your state explaining your situation. Also file complaints with the FTC, BBB and the AG. Raise enough hell and they should go away. If your up to a little learning, Learn your rights and study your local general distric court, Then file a lawsuit.
  6. Dispute it with the credit bureaus. There are sample letters on this site.
  7. Great info willingtocope Especially "use your own best judgement as to what should be in each letter"
  8. I would never deal with BB&T. Find another bank.
  9. Congrats MaxFoncito, Lets us know if midland keeps reporting on your CR's. I bet they do. I didn't really win in court, but I got them to drop my case. I don't think they wanted to Judge to rule. They didn't and couldn't validate my debt in court but they still report on my CR's. My attorney says just because they can't prove there case in court doesn't mean they don't have enough to report on your CR's , as long as they show the account is disputed. So now i'm just in a waiting mode; hopeing they will add some more violations. I only have them on 1 and most attorneys don't like to sue on only 1 violation.
  10. you may need to research what your state says. Every state could be different. but this is what i found out when researching this in Va. Open Accounts for Medical Services A number of states classify a patient=s relationship with a physician as an Open Account. Perhaps the most prominent is Louisiana that has statutorily defined an Open Account to "include debts incurred for professional services, including, but not limited to legal and medical services." Common law in Louisiana has further defined Open Accounts as existing in "a situation where there had been running or current dealings between the parties and the account had been kept open with the expectation of further dealings." In determining whether a relationship may be classified as an Open Account, Louisiana courts consider whether: - there are other business transactions between the parties; - a line of credit was extended to one party; - there are "running or current" dealings; and - there are expectations of future dealings. A decision by the Circuit Court of Richmond is illustrative of how Open Accounts may be established in the context of medical services in Virginia. In this case, Chippenham Hospital sought to recover for medical fees and hospital charges incurred by Mr. Shelton when he remained in the hospital for ten days past the twenty-one day period covered by Medicaid. In finding for the hospital, the Richmond Circuit Court stated that by presenting himself to the emergency room at the Hospital, Mr. Shelton Aimpliedly agreed that if medical treatment was rendered, he would pay for it.@ Using this reasoning, the court found an implied contract. Therefore, as to Mr. Shelton, the patient, we have a contract to pay for medical treatment on an open account, and , of course, the three-year statute of limitations applies to him.
  11. GREAT JOB faramarz123 I got midland to non-suit my case, but they are still reporting on my CR. so any news about beating them, well is great news to me. To midland:
  12. If Last payment made was 12 months ago, then sol is not a issue. I doubt that LVNV can validate a debt. What they have is hearsay and would not stand up in most courts IF pointed out. Send CMRRR letter to them saying what they sent did not validate. Tell them in the letter how you feel , don't be shy. example: Dear LVNV, This is not my debt. Please stop calling me and writting me. If you place anything on my credit without proper validation I WILL call my attorney, who is a member of NACA.
  13. Have you send a letter to the CBs asking them to verify this account? If not, then do so , state the account is not yours. If Cap1 can't validate a debt of yours then they shouldn't be able to verify it with the CBs and it should get deleted off your credit reports. But I am a little suprised , cap1 are known to keep good records.