mparksmagic Posted January 5, 2007 Report Share Posted January 5, 2007 My vigilance helped, i think. Attorneys for the plaintiff are filing nonsuit today, sending me a copy as well as the court, due to not being able to provide any documentation on the account . The attorney for the plaintiff advised me to contact the court next week to make sure it was off the docket. They are now out of SOL as DOLA / DOFD is Dec 2000 and TN has 6yr statute. Now I just need it off my credit report. Suggestions? Do I need to file suit vs plaintiff? Also can I send the CRA a copy of the nonsuit as evidence this debt was not mine? Any advice is appreciated!! Link to comment Share on other sites More sharing options...
direred Posted January 5, 2007 Report Share Posted January 5, 2007 Nonsuit is interesting, and I don't really completely grok it. The only nonsuit of note I've heard about is Anna Nicole's.Obviously, you won, however, it seems that you still have FDCPA claims. You might not have to file, you might just be able to say that with their filing of nonsuit, you really have prima facie evidence for an FDCPA case, but you'll drop that if they delete.I wouldn't send it to the CRA, it's too technical for anyone below the legal dept. Link to comment Share on other sites More sharing options...
uwackme Posted January 6, 2007 Report Share Posted January 6, 2007 I'd dispute the TL with the CRA and include the non-suit documentation... not mine and I MEAN IT If they refuse, send a new dispute and a proceedures request to lay the ground work for suing the CRA. Hopefully they will just do the right thing. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 6, 2007 Report Share Posted January 6, 2007 **** FDCPA, if you've been disputing with the CRAs you've got pretty good evidence they didn't conduct a reasonable investigation. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 8, 2007 Author Report Share Posted January 8, 2007 I am starting to see it in a different light now. So basically a few of you think I could file suit against the CRA if they do not delete based on the nonsuit. Saying they did not conduct a reasonable enough investigation of my dispute, because if they did, they too would know there was not enough evidence supporting that this was my account due to the fact the plaintiff even says they dont have evidence. Link to comment Share on other sites More sharing options...
direred Posted January 8, 2007 Report Share Posted January 8, 2007 Yeah, I think you could. And win. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 8, 2007 Report Share Posted January 8, 2007 That's basically my idea. They admitted on the record they had NO documentation on the account. So how could they have been verifying your disputes? Link to comment Share on other sites More sharing options...
mparksmagic Posted January 8, 2007 Author Report Share Posted January 8, 2007 Well, I just got off the phone with the attorneys for the plaintiff again, I wanted to ask if the order of nonsuit was sent to the court. The attorney said he drafted it but he sounded shady about it. He was like, "I looked at the alleged account, and I misunderstood what you said, I thought you requested documentation from US in august, not from the plaintiff. But, because I told you last week I would file an order of nonsuit, I will send it today."I asked him when it would be filed. He was like"uhhh. uhhhh, 3 or 4 weeks, but I will send you a copy of the order I will send to the judge today and you should receive it by the end of the week. Keep in mind it wont have the judges signature on it." Any advise on what I should do. How long should I wait to see if the courts receive the order (assuming he is sending it like he said)? And if the courts do not receive the order, I presume he is just waiting for me to be a no show in court so he can get a default (fat chance). My whole thing was, I would'nt file counterclaim if he nonsuited immediately, so how long should I wait to see if this nonsuit was actually filed prior to filing a counterclaim? Link to comment Share on other sites More sharing options...
mparksmagic Posted January 8, 2007 Author Report Share Posted January 8, 2007 Also, If the nonsuit is filed, can I have the inquiry the attorney placed on my account removed from my CR due to a non-PP? Link to comment Share on other sites More sharing options...
uwackme Posted January 10, 2007 Report Share Posted January 10, 2007 Give this idiot a chance to send it in, when you get your copy go to the court, the copy he filed should be in the FILE for this docket#. Just to make sure he really submitted it to the judge.If so, wait for the judge to sign it, get a copy of the signed order and then send THAT along with your dispute and DEMAND that the CRA delete this TL from your credit record.If they can't prove in court the alleged debt is real and owing, then they sure as **** can't be posting a TL on your credit record about this fictitious bull****. If the CRA refuses to delete, THEN you go through the motions to sue THEM for FCRA violations. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 12, 2007 Author Report Share Posted January 12, 2007 Whoohoo The nonsuit was signed by the judge yesterday. Its complete!!! I Win!I am going to get a copy of the signed order today to send to the CRA's. Any advice on anything else I can do to get this off my CR? Link to comment Share on other sites More sharing options...
direred Posted January 12, 2007 Report Share Posted January 12, 2007 Whoohoo The nonsuit was signed by the judge yesterday. Its complete!!! I Win! Link to comment Share on other sites More sharing options...
mparksmagic Posted January 15, 2007 Author Report Share Posted January 15, 2007 So I called Palisades today to get them to remove the record from my CR due to the fact judgment was entered against them. The collector was suprisingly nice???!?! I told her they lost the suit and she gave me all the appropriate info to get the item removed. She said to fax her a judge signed copy of the nonsuit and call her department tomorrow, they would most likely be able to remove it in 24 hours. Needless to say, if they dont remove it tomorrow, I will be standing in front of the courthouse on the phone with them with a warrant and complaint ready to be filed. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 16, 2007 Author Report Share Posted January 16, 2007 Well, pulled another TrueCredit report today. Good news is the alleged OC that was showing as a C/O was deleted. Bad news is, if you read another thread I posted in the DV forum, a good credit card with no late payments that I had for 6 years was deleted because I got picky over the credit limit. The CL was 2000 and was reporting as 800, and it was kinda hurting my credit utilization, it dropped off all 3 reports. Bahhhh. Hopefully it will be reported again at the end of the month. Link to comment Share on other sites More sharing options...
chilton1 Posted January 16, 2007 Report Share Posted January 16, 2007 Link to comment Share on other sites More sharing options...
direred Posted January 16, 2007 Report Share Posted January 16, 2007 Well, pulled another TrueCredit report today. Good news is the alleged OC that was showing as a C/O was deleted. Go you!Wish me luck in my suit. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 16, 2007 Author Report Share Posted January 16, 2007 Good luck Dire...Here is a copy of the nonsuit filed:http://www.intvnetworks.com/suit/Nonsuit.pdf Link to comment Share on other sites More sharing options...
mparksmagic Posted January 16, 2007 Author Report Share Posted January 16, 2007 Just got off the phone with a director at palisades, steve braun, faxed him the copy of the nonsuit, he says he will delete tradeline today. I think its finally over!!! WhooHoo Link to comment Share on other sites More sharing options...
direred Posted January 16, 2007 Report Share Posted January 16, 2007 That would be so cool! Link to comment Share on other sites More sharing options...
mparksmagic Posted January 17, 2007 Author Report Share Posted January 17, 2007 Pulled TC report yesterday, item still remains, Called Palisades this morning, they advised me they updated the report and there is nothing further they can do. They said sometimes it takes a few days for the CRA to update. Called CRA's, who advised me the CA has the ablilty to update immediately. Called back Palisades, said it was done this morning. Just waiting till 1pm for my 24 hrs to be up to pull TC.Anyone know how long it can take a CRA to remove a TL after the CA has requested deletion to the CRAs? Link to comment Share on other sites More sharing options...
IHateCAs Posted January 17, 2007 Report Share Posted January 17, 2007 Give them a couple days at least. You've come this far, you can afford to wait a couple more days. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 18, 2007 Author Report Share Posted January 18, 2007 Well. Pulled another TC report today. The collection was deleted from EQ and EX, but still remains on TU, I am guessing just due to update time. Should be off tomorrow I presume.. My EX score went from 587 to get this.... 699! Whoo hooo.. Im getting close to the 750 goal. EQ really didnt budge that much though, I am guessing due to the fact I have only 1 revolving account that was opened in december and the 6 year AU account I had was deleted due to my greediness with disputing credit limit. Well thanks again to everyone on these boards for your help. It surely paid off! Link to comment Share on other sites More sharing options...
direred Posted January 18, 2007 Report Share Posted January 18, 2007 My EX score went from 587 to get this.... 699! Whoo hooo.. Im getting close to the 750 goal.Wow. That's an amazing increase! Link to comment Share on other sites More sharing options...
mparksmagic Posted January 19, 2007 Author Report Share Posted January 19, 2007 Yeah.. It was my only neg. and i only have 5 inq. But I prolly have six now, I got a pre approved wamu offer, and from what i understood they pull ex. So knowing my new shiny score of 699 i applyed online and whadya know.... denied, waiting for reason. whaa whaa. Link to comment Share on other sites More sharing options...
admin Posted January 20, 2007 Report Share Posted January 20, 2007 That is a great success story - You're awesome! Link to comment Share on other sites More sharing options...
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