Dismissed with prejudice but still on CR

[FICO is Flawed]

Guys, first I want to say that you are all wonderful!

A well-known JDB sued and ultimately the case was dismissed with prejudice. Actually, since I filed a counter-suit, there was a mutual dismissal with prejudice. Yay for me but these jokers are still on my CR and when I dispute the account with the CRA it comes back verified.

How can I get them off my CR?

If I send the CRAs will they delete and if this happens can the JDB later transfer or sell the debt and then I have to do the dance all over again? It is no longer SOL and I'm in GA.

I just want them off all my CR forever because they're reporting 120+ lates is killing my scores and I need to get them up for a refi in 2008.

Any advice would be VERY, VERY greatly appreciated.

Thanks.

[flycouture]

Send them a copy of your judgement. It has worked for some but not for others. Good luck with that! But yes, jdb will sell and you will have to dv the next ca.

[myscoresawful]

It still depends on many factors.

Understand that a dismissal even with prejudice doesn't mean they have to stop reporting to the CRAs, it ONLY means they can't come back and SUE you at a later date.

Let's say that you have a debt, even if it is out of SOL and you are sued and it is dismissed with prejudice because it is out of SOL. They can still report it to the CRAs for the remainder of the 7 years or until it becomes obsolete.

All being past SOL means is that they basically can't get a judgment against you. (they can if you don't show up for court to point this info out to the judge).

If they can validate the debt, and it is still within the 7 year reporting time frame, they can continue to report it.

I sent a copy of my dismissal with prejudice to all three CRAs against CAP1 and only TU deleted, EX and EQ said it was verified when I disputed and it stayed on another 3 months.

yes, that's right, only 3 months left before it was obsolete and I couldn't get it deleted even with the dismissal with prejudice.

Now it is off of EQ and TU. EX's investigation came back that it would stay on until Nov 2007, but it was still there yesterday, so I will be calling them tomorrow.

[FICO is Flawed]

Thanks, guys, but myscore, if a JDB had proof that the debt belonged to me I would think they would pull it out when it mattered most - to get a judgment in court. I'm wondering if I should just send a DV or an ITS.

It's like they can't accept that they lost and they just want to stick it to me by pooing on my CR for fighting back.

I just don't know.

[myscoresawful]

Thanks, guys, but myscore, if a JDB had proof that the debt belonged to me I would think they would pull it out when it mattered most - to get a judgment in court. I'm wondering if I should just send a DV or an ITS.

It's like they can't accept that they lost and they just want to stick it to me by pooing on my CR for fighting back.

I just don't know.

if you haven't done so already, send them a DV letter CMRRR, then when they have signed for it, dispute with the CRAs that they are reporting to. If they verify with the CRAs, and fail to provide you with validation and still continue to report, then you have them on violations.

If you have already done the above, (before court?) do it again, give them the benefit of doubt and then if they still fail to validate and continue to report after verifying with the CRAs, then you have more violations which only make you look more the victim.

After all of the above, send them the ITS letter, pointing out all of the violations you have them on and let us know what happens!

[nascar]

Send them a copy of your judgement.

There is no judgment to send.

By mutally agreeing to a DWP, you have given away whatever leverage you once had to force them to remove the item from your credit report. They may have agreed not to sue you, but you lost anyway.

[FICO is Flawed]

There is no judgment to send.

By mutally agreeing to a DWP, you have given away whatever leverage you once had to force them to remove the item from your credit report. They may have agreed not to sue you, but you lost anyway.

I lost?

I agreed to dismiss my case with them at that time. They've since racked up new violations in the last year by so-called validating something that they could never prove, and by the way they're now reporting on my CR with "open account," with a "factoring company," with me being 120+ days late, and by showing a recent phantom $100 payment, etc, all of which is illegal, and all in an effort to damage my credit.

So I'm clearly not talking about reviving an old case against them as these are not the things that I called them on the carpet for in my counter-suit. I'm talking about new violations which in the last 12 months are well over tens of thousands as compared to the alleged debt of $1,500 that they say I owe them. I think that is leverage in an ITS letter.

I'm looking for feedback on this plan of attack and for someone to tell me that I'm just plain looney for thinking this can be done.

[nascar]

I agreed to dismiss my case with them at that time.

That won't stop them from waving the dismissal in front of the judge while claiming that all the alleged violations stem from the same transaction. They'll claim that your suit is frivolous and an abuse of process - and whatever else they can think of - setting the stage to come after you for their legal fees.

Right or wrong, you'll have an uphill battle on that issue - and don't forget - violations are $1000.00 per action not per violation.

When I said you lost, I didn't mean in court, I meant lost in terms of leverage. You really should talk to an attorney before going forward with this.

[NewLife4Me]

Congrads on the dismissed with prejudice!!!

[FICO is Flawed]

Congrads on the dismissed with prejudice!!!

Thanks, superbnness!

I was afraid when I got the summons but followed some great advice to get the outcome. If I knew then what I know now and if I knew back then that I was in the drivers seat because of my countersuit, I certainly would have added the stipulations to the agreeement that they would remove the TL from my report and never sell or transer the debt.

At this point its a matter of educating myself regarding the FCRA violations that they've commited for leverage to now get the deletion and an agreement that the debt never gets sold or transferred and that if the agreement is broken they will have to pay.

I will get this done!

[FICO is Flawed]

UPDATE*

The CA is gone from all 3 reports and I got exactly what I asked for:

• 
  that they remove all TLs from all 3 credit reports

• that they shall never sell or transfer the debt to anyone for ever and ever

• that they update their internal records to reflect that nothing is owed on the alleged debt and that their records of the alleged debts be purged

I just waited for them to violate again (which they surely did) and then I had them and I knew it and they knew it. Three days after my letter (I gave them a deadline to respond otherwise I was filing a lawsuit as well as complaints with the AG, BBB and any other acronym'd entity I could think of, which I was fully prepared to do) they deleted the TLs and I got their response/agreement to my terms.

They rely on the consumers' lack of knowledge of the law to pull their illegal tricks and I wasn't going to let them do it to me anymore.