Won court case, new JDB showing up on CR for same acct.

[NonnaJo]

Hi All!

I was taken to court by Unifund, and I won the case. I disputed the acct. with Equifax last month. I received a letter that the item was verified by the original creditor. So, I check my credit report again..and now there is a NEW JDB with the same acct., larger amount, under collections. I was sued and won in court! Now what?

It was my understanding that if the judge ruled in favor of the consumer(this is what happened in my case), the final decision is that the debt is not owed to the debt buyer. Collections must stop.

Any ideas?

[swirlgirl]

Rinse and repeat. Just because the first CA couldn't prove their case, the debt does not go away. So, they sold it. You'll begin the process over again.

If you want to get rid of it, offer some type of settlement.

[CreditFixCD]

Hi All!

I was taken to court by Unifund, and I won the case. I disputed the acct. with Equifax last month. I received a letter that the item was verified by the original creditor. So, I check my credit report again..and now there is a NEW JDB with the same acct., larger amount, under collections. I was sued and won in court! Now what? Any ideas?

File complaints with your state BBB and AG.

[swirlgirl]

What would be the basis for the complaint? Technically, the new JDB hasn't done anything wrong.

Of course, the OP could just do a BS complaint just see if it would work.

[astiman]

Don't pay a JDB. Ever.

Don't settle. After all, you won your case, right?

At what point did this JDB offer YOU credit?

They didn't, right?

Why on earth do people think of paying money to people who they do not owe money to?

[Credithis]

This sounds as if were dismissed without prejudice. We need more info from the OP. Was it dismissed with prejudice or not? If it was with prejudice then no, a new JDB cannot be on your report as it has been decided in a court of law. Tell Equifax that They will be liable if this continues on your report and send them a copy of the Court's judgement in your favor. If it was dismissed without prejudice then a new JDB or the old one has free reign to start the mess all over again.

[legal_loansharking]

If the old JDB could not prove a case, how can the new JDB prove a case. Demand debt validation via certified mail. Dispute with the credit bureaus.

If it doesnt come off, demand a bill of sale from old JDB to new JDB and any relevent dociments they have such as a contract etc via certified mail again.... Of course there will not be any response.

Copy both letters and both green cards and file complaints with you state attorney general, the FTC and the BBB, it should be gone after that....

[NonnaJo]

If the old JDB could not prove a case, how can the new JDB prove a case. Demand debt validation via certified mail. Dispute with the credit bureaus.

If it doesnt come off, demand a bill of sale from old JDB to new JDB and any relevent dociments they have such as a contract etc via certified mail again.... Of course there will not be any response.

Copy both letters and both green cards and file complaints with you state attorney general, the FTC and the BBB, it should be gone after that....

Thanks Matt.

I "thought" I was finished with this, when the judge ruled in favor of the Defendant...ME. It was not my acct. in the first place, and all THEIR lawyer did was ask ME in front of the judge if it was my acct. and I said No. The judge looked at their atty. strange and said "Judgement for the Defendant, then looked at me and said congratulations, you have a wonderful week."

It's crazy for sure. Here I go again.

Thanks again.

[valorman]

Never pay a JDB unless you are sure that there is no other way and forced to make a settlement.Like if they won the case in the court which they 99.9% never will..01 % chance they have if the original creditor provide the affidavit and necessary documents.All the JDB cases are won by default.That's Their main weapon to collect money.

Also making a settlement money is not what JDB wants they will happily make a settlement for 10 to 15% of the original debt.

If a pay for delete letter or a contractto pay for delete is not written that's what a JDB wants. then its a big time screw up.Then the JDB actually won the case against you.For seven years they will screw your credit as "paid collection" and if contacted to remove the listing with the credit bureaus.They will happily transfer you to some account specialist who will calculate all the monies that will be more then you owe on original debt and they will ask you to pay for the deletion because they have a proof of settlement now.(your debt is valid) take it or leave it your choice.

Now in your case you have won the case send copy of court decisions to credit bureaus.

File a complaint to BBB and also send a complaint to AG.BBB and AG will do nothing but just send your complaint to JDB for an answer to resolve.

However In the same court where you won the case it will cost a little money but worth it. File a "request to delete listing from the credit bureaus" on behalf of this account and send it to credit bureaus with a notification that this account should never show on my credit report or I will sue. The credit bureaus will oblige the court letter in case you intend to sue them.

I am not an attorney but this is what I did . Good Luck

[merrybucks]

Send a letter to the CRA's and the CA stating that this account has already been adjudicated. Enclose a copy of the court decision. Notify them of your ITS if they don't delete and cease collection activity.

[NonnaJo]

Send a letter to the CRA's and the CA stating that this account has already been adjudicated. Enclose a copy of the court decision. Notify them of your ITS if they don't delete and cease collection activity.

Thanks to all who replied. I contacted the CRA's and all have Deleted! I also sent the court documents and spoke with the CA. They say the file will be put in "dead file?" We will see. Hopefully, it won't be re-packaged with a nice new bow and re-sold to the highest bidder...AGAIN! They couldn't or wouldn't tell me how they ended up with it. The sad part is that it wasn't even mine to begin with!

Thanks again. Good luck everyone.