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Dismissed without prejudice


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Hello,

thank you for taking the time to read this.

Last year we were taken to court by LVNV Funding on an old Sears account.

We used a pro bono attorney that worked in the court house. He kindly walked us through the process. We repeatedly had to ask the judge to order the attorneys for LVNV to provide us with proof that we owed this loan.

They kept getting the case continued and never provided us with proof. The case finally went to trial where it was dismissed without prejudice. I thought the case was over but now applying for credit we are unable to attain the credit as this is still on our credit report.

LVNV says we still owe the money. We have disputed this with Transunion but they did not remove this from our report.

Does anyone have any advice as to what we should do?

Thank you, Pattyannr

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Far be it for me to ever offer legal advice, however I believe that without prejudice means the case can be tried again. If it was dismissed with prejudice, it means the court system will not entertain hearing it again.

I am not a lawyer and anyone with better advice plese jump in here.

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What is it they're reporting that isn't accurate?

Thanks again.

When we went to court we repeatedly asked the judge to order them to validate that we owed this money. We have never received anything from them that proves we owe this. Don't they have to prove we owe this?

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Guest E. Normis Debtor

Do you owe it? I'm assuming from your casual mention of an old Sears account it is your debt.

If you never incurred an obligation, then you can sue them under the FDCPA, FCRA, your state's consumer protection statutes, et al.

If you do owe it, and you didn't dispute it within 30 days of when they sent you your verification rights, they can continue collection activity which would include reporting it.

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