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Merged credit report. Judgment dismissed with prejudice.. HELP


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1. Who is suing you?

Law offi ce of Harris & Zide on behalf of Midland Credit MAnagement (MCM)

2. For how much?

$4400 (debt) + $1500 interest

3. Who is the original creditor?

Citibank

4. How do you know you are being sued?

Received request to enter default judgment paper on 6/21/07; it was dated on 5/21/07

5. How were you served? Were you served?

I was never served; Summons was to parent's home (i was living in a san diego then); Case files shows summons was signed by a bogus name (Midland made up a person's name and character description

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

I never did debt validation; spoke with CA on telephone before telling them i would make payments in the future (this was all one or two years ago)---> I knew about this forum fairly recent like two months ago

7. Where do you live?

Now, i live in parent's home in los angeles

8. When is the last time you paid on this account?

SOLC is 6/2004

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Case was dismissed without prejudice on 5/31/07

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I disputed with CRA this month; waiting for revised credit report; did not send DV to CA because did not know about this method till recently;

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

nope

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Did not receive summons

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

I have the case file and it shows exhibit A)bill of sale from Citi to Midland agreement paper and the credit card "terms and conditions" copy and exhibit B)copy of Midland's collection letter

Before I start, here is the biggest problem that is killing me. I have a older brother that used to live in with me at parent's home. He has same first, last name but different middle name. His social is also one number of mine. Birthday is totally different but i had lots of his account on mine and mine on his. Starting, year ago, i disputed lots of information off my credit report and still am. When i first knew of the judgment account (which was 6/24/07), i thought it was his account, so i called Midland to remove information from credit report and they referred me to their lawyers because there was judgment case against it. I called their lawyers and when they asked me about last four digits of social, i gave them mine and they told me this was not my account so therefore they cant disclose information to third party. I went to court on 6/29/07 to get case file and realized it was citi-- which is indeed my debt. However, there is no mention about socials and birthdays on the case file, only a name that both my brother and i go by.

Although, this case is dismissed without prejudice, I read somewhere that dismissed judgments still show up on credit reports. I know I can vacate the judgment stating I was not properly served, but what reason do i give for defense of my judgment? If i say "not my debt" and go for trial, what if Citi provides evidence?--> im just scared knowing that Citi is one of those companies with elephants of records. Also, can i DV MCM now, since judgment was dismissed, since there is no more case? I want to know what evidence they have so far, and if they do, see if information they have is my brother? then.. i could at least argue that its not mine.

My situation: Currently, I have 10K worth of debt from amex, chase, citi, premier, and all in charge off and collection. I was diagnosed with bipolar three years ago but now pretty much treated. I was in a four year college but dropped out due to medical and financial problems. I had a job for a year last year but had to quit because of recurring symptoms. I am currently unemployed, and have no money at all. I do have a car that has 10k equity that parents paid for. The problem is, i have two cars under my credit report, because of the merged credit information , and i think thats the reason why Citi was trying to sue me. I trying to get a job in area of finance (this is the only area i enjoy), but no one would hire me due to my credit report. BK is not a option. I could pay of debt doing grunt work if i have to. My goal is to fix credit report as soon as possible and borrow some loans to pay off the debts. At least, then, i could slowly build my credit back, making monthly payments. I could get a job if i wanted to but i am trying to stay unemployed or take under the table jobs till solc for all my debts go through which is 6/2008. I feel, there is no way the CC's will try to sue me if i dont have any assets, and unemployed for more then two years.

I would really appreciate it if anyone can give me some advice on how to go about this. If anyone had experience taking lawsuits from Citi and know if they provide evidence?

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4. How do you know you are being sued?

Received request to enter default judgment paper on 6/21/07; it was dated on 5/21/07

Dude did you read what they are asking you to do? Requesting you to say you are guilty and yes you can sue me.

5. How were you served? Were you served?

I was never served; Summons was to parent's home (i was living in a san diego then); Case files shows summons was signed by a bogus name (Midland made up a person's name and character description

Violation of service process!!!!!!

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Case was dismissed without prejudice on 5/31/07

READ READ READ!!! They dimissed the case!!!

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

I have the case file and it shows exhibit A)bill of sale from Citi to Midland agreement paper and the credit card "terms and conditions" copy and exhibit B)copy of Midland's collection letter

They had very weak case copy of sale of debt but no signed contract or receipts. You definately would have have a defense.

You really need to start from ground zero dude and educate yourself in this community by searching and reading also by chiming in asking questions on others situations so you can get some good knowledge.

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I've been searching for answers the last two weeks, and so far, I can't seem to get the answer that i need. First, I know this judgment is still going to come out in my CR even tho its dismissed without prejudice. What I need to know is, if I vacate this judgment, so that it wont show up in the CR, by appeal reason- not properly served; then, for 2nd part - what is my defense reason going to be? I heard somewhere Citi is one of those elephant companies that keep records of you. I cant state as not mine due to no debt validation because I didnt validate the debt before the case started. Also, the interest seem just right. What other reasons can I state? Can i just say its not mine until plantiff proves otherwise?

Dismissed without prejudice means they can sue again. Therefore, I need to know what I could do next time they sue. Please help if you can.

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First of all they don't have any judgement on you, the case was dismissed! Why would you need to vacate somthing thats not even reporting on your CR's. Just chill!!! It seems to me that you are confused as to how this thing works, thats why I urged you to do some searching on your situation. If they decide it's worth it to come after you agin and you are served correctly then you mount your defense, if you feel as though this whole thing is over your head which appears to me, contact a NCAC attorney in your area. Good luck.

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