myscoresawful Posted April 24, 2007 Report Share Posted April 24, 2007 On my CR it shows a balance of almost $2500.00, they were suing for $1300.00. When the judge called my name and I went up their, he recited the legalities and turned to the lawyer who stated (just above a whipser) "it appears we will be dropping suit, your honor". The judge then turned to me and said "and you still deny owing this"? and I of course said, "yes, Sir".Then he said, "OK, I will dismiss it then".At this point I spoke up and said, "Your honor, while we're all gathered here and so there will not be a misunderstanding, I would like to have this dismissed without prejudice so that they can't reshuffle their paperwork and try to come back and sue me again at a later date, because I am a single mom and have already lost two days of work for something I don't owe and he agreed to that.I then went on to mention that I would like for them to notify all three CRA in the next 48 hours to have the TL removed, but the attorney told the judge that he couldn't do that.I took the dismiss without prejudice.The TL shows on EQ as the DOLA 7/2000, but on EX it shows that it is not due to drop off until NOV 2007.I can live with the July 2007, but I really would like to have it off of all three CRAs in the next month or so, since it is reporting every single month as a past due account and that much past due!The attorney walked out of the courtroom with me and explained that he just represents the info in court for the attorneys that Cap 1 hired, and that he knew they had been waiting on paperwork from Cap 1 that never came.(I believe they were expecting billing statements to show a payment made in July of 2002 since that is the DOLP that has been reporting, and of course they never got it because the last payment made, even by the statements they sent to me, was in 2000)now what? Do I just sit back and wait and see if they remove it from reporting or is there anything I can do to speed that up?They did verify with the CRA when I disputed it, the balances are about $1000 off from what was charged off and sued for and the DOLP is two years off.BTW, this attorney also told me that about 95% of the people they sue for CRAP 1 never show up in court...maybe they should more often, though I warn you, they produced full copies of my billing statements from as far back as 2/2000, it just happen to be their downfall in my case. Link to comment Share on other sites More sharing options...
MissSilence Posted April 24, 2007 Report Share Posted April 24, 2007 WTG!! Congrats!! Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 uhhhhhh. i hope you meant it was dismissed "WITH PREJUDICE"......that means it cant be refiled again...if it was dismissed without prejudice then it can be refiled Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 Good job. I would fax a letter to Crap 1 and demand immediate removal. State that they lost their court case and you want it removed NOW. Time to take the gloves off! There's nothing you can lose by doing that. BTW, excellent work. Way to win one for the little guy, or girl, I guess. Link to comment Share on other sites More sharing options...
karnoir Posted April 24, 2007 Report Share Posted April 24, 2007 Did they lose because the ballance on CR was differenent than the amount they sued for? or they had only enough evidence to support 1300 out of 2500 Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 i second the motion,,,why did they lose?? Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 24, 2007 Report Share Posted April 24, 2007 Congrats!! This is exactly why we need to show up and stop the default judgements. Link to comment Share on other sites More sharing options...
myscoresawful Posted April 24, 2007 Author Report Share Posted April 24, 2007 uhhhhhh. i hope you meant it was dismissed "WITH PREJUDICE"......that means it cant be refiled again...if it was dismissed without prejudice then it can be refiledI may have said that, but I also said in the same sentence that I wanted it dismissed so that they could not come back and try to sue me again at a later date and the Judge said "ok, I will do that". Link to comment Share on other sites More sharing options...
myscoresawful Posted April 24, 2007 Author Report Share Posted April 24, 2007 as far as how or why I won, I'm not exactly sure as to why they backed off.They filed back in November, the original court date was for January, and I am sure they did not expect me to show up, but I did and it was reset for yesterday.The information they had showd a payment made in 2002 and I believe they thought that the SOL would still be in effect.Outside the courtroom afterwards, I asked their attorney why they dropped the suit (that was what actually happen, when we got up before the judge, the first thing the attorney said was "your honor, we will be dropping suit" and so the judge just dismissed it.anyway, he told me that he knew the attorneys that he represented has been waiting on paperwork that they never received from Capitol 1. I believe that they were waiting on something a billing statement or something to show that there was a payment made in 2002.I had to DV them twice and last Thursday, (two business days before court) I received a copy of billing statements from 2/2000 - 6/2001. In the letter, they said here are copies of your billing statemens from 2/2000 through june 2003. I believe they looked at it wrong because the last statement was dated Jun 03 to JUL 02 2001.At any rate, technically, some of the statements show'd small payments that would have put them filing before the SOL was up, but I don't think they wanted to waste their time with it...the payments were miss posted anyway, not mine. (there was also airline tickets and gym memberships posted around that time by error on Cap ones part that they had to reverse, so I would be willing to bet that some poor guy got a $25.00 late fee charge because his payment was posted to my account! Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 Deleted. Link to comment Share on other sites More sharing options...
myscoresawful Posted April 24, 2007 Author Report Share Posted April 24, 2007 Good job. I would fax a letter to Crap 1 and demand immediate removal. State that they lost their court case and you want it removed NOW. Time to take the gloves off! There's nothing you can lose by doing that. BTW, excellent work. Way to win one for the little guy, or , I guess.I'm going by the courthouse today to see if I can get some type of "dispostion" document for my own record. Should I include that as well? Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 Deleted.as a famous madman in kansas once said "WTF??" youve deleted yourself?? what ?? is this logans run now?? tron?? Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 I would. Include everything that tells them YOU LOST!!!!!!!as a famous madman in kansas once said "WTF??" youve deleted yourself?? what ??is this logans run now?? tron?I got beat to the punch. So, I took my ball and went home. Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 I would. Include everything that tells them YOU LOST!!!!!!!I got beat to the punch. So, I took my ball and went home.yeah i hear your reflexes are the second thing that goes at your age..so hows the viagra workin?? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 24, 2007 Report Share Posted April 24, 2007 yeah i hear your reflexes are the second thing that goes at your age..And he gets beat by a GIRL sometimes. Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 yeah but gettin "beat" by a girl can be a good thing sometimes too8-) Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 And he gets beat by a GIRL sometimes.I do want it on the official record that it is only SOMETIMES. And it ain't so bad. Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 if only all of us could suffer gettin "beat" sometimes... Link to comment Share on other sites More sharing options...
myscoresawful Posted April 24, 2007 Author Report Share Posted April 24, 2007 ok, I just came from the court house and the copy of the judgement states:"Dismissed - Cost taxed to Plaintiff"Signed and dated by his honorable self!That's even sweeter! Crap 1 has to pay court cost!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 Zip that baby off to them and tell them to FOAD!!! Excellent. Link to comment Share on other sites More sharing options...
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