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How do I repair my damaged credit history

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Hello All,

I recently had a collections case dismissed in court. The case was filed by a collections agency. Initially, they had actually got a default judgement against me, because I failed to appear in court ( they sent the court appearance notice to a very old address). So, I went to court and got the default judgement removed and asked for a fresh hearing date.

On the appointed day, I had all supporting documents but the plaintiff did not have any. The attorney representing that agency agreed to dismiss the case ( I guess they were hoping that I wouldn't show up) and this decision was arrived at a court appointed private session with the attorney, outside the court room.

That's the good part of the news.

The bad part is, this agency has been mangling my credit history over the last couple of years or so (I got to know about this when I applied for a loan from my bank). Back then I did not have a clue on how to go about tackling the situation. Thanks to the excellent guidance available at this website, I have been able to steer through these latest legal proceedings.

I have a couple of questions though:

1. How do I go about making this collections agency (or the appropriate agency) reverse the damage done to my credit history.

2. Also, since they did not have any proper grounds for doing what they did, is there any way I can take legal action to reprimand them.

Thanks a lot for this great website.

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First of all, consult with a NACA lawyer ASAP! If you have a case, the lawyer will take it on contigency, and you may find yourself being awarded damages for violations and such.

Next, to begin the process of getting this CA's tradeline off of your credit reports, do the following: Send a letter to each CRA that lists the CA's tradeline and explain that they are reporting inaccurate information on your credit report. Specify the date the lawsuit was dismissed, and the corresponding account number as listed on your CR. State the name of the Judge who dismissed the case, as well as the exact court. Specify the index number of the court case, and be sure to include a certified copy of the original paper on file in the courthouse. Make sure you say that the alleged debt you were sued for is uncollectable and unreportable due to the dismissal, which is an adjudication on the merits.

Also put in your letter that because reporting a non existing debt as yours is illegal, and a violation of the FCRA, the tradeline must be deleted within 30 days, or they will be in violation of FCRA, Section 623, and subject to damages as deemed by a Federal Court for defamation and willful injury should you have to file a lawsuit against them.

Last of all, tell them that if they fail to respond to your formal dispute within 30 days, they will also be in violation of the FCRA, Section 611, and subject to a fine of $1,000.

Good luck!

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