docniss Posted March 29, 2009 Report Share Posted March 29, 2009 I have 2 different situations 1 case was filed in a court ( not in my county of residence) by a credit card company and then the creditor(Plaintiff) asked for the case to be dismissed, the second one was filed in the National Arbitration forum and again, was dismissed by the plaintiff. I had no knowledge of these cases until I received the order of dismissal from the court and NAF. There is no specific reason in the order as to why the cases were dismissed by the Plaintiff's.Q: should I include these documents when I dispute these items on my credit report? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 30, 2009 Report Share Posted March 30, 2009 To establish what exactly?A case being dismissed, particularly without prejudice and at the plaintiff's request, doesn't insinuate anything about the legitimacy or illegitimacy of the debt...they could report for the full allowable reporting period and never sue at all...one has nothing to do with the other. Link to comment Share on other sites More sharing options...
valorman Posted March 31, 2009 Report Share Posted March 31, 2009 To establish what exactly?A case being dismissed, particularly without prejudice and at the plaintiff's request, doesn't insinuate anything about the legitimacy or illegitimacy of the debt...they could report for the full allowable reporting period and never sue at all...one has nothing to do with the other.So As of my understanding if a collection agency take the case to the court and in the court they can not prove the case / by valid proof of debt and before the judge decision they dismiss the case (usual practice of collection agencies) In that manner a case is dismissed without prejudice so even after the dismissal of case the collection agency can keep reporting to CRAs for full 7 years?. please put some more light to it Link to comment Share on other sites More sharing options...
willingtocope Posted April 1, 2009 Report Share Posted April 1, 2009 If a case is dismissed "without prejudice"...it never happened. If a case is dismissed "with prejudice"...the JUDGE decided the case had no merit and therefore cannot be tried again. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted April 1, 2009 Report Share Posted April 1, 2009 So As of my understanding if a collection agency take the case to the court and in the court they can not prove the case / by valid proof of debt and before the judge decision they dismiss the case (usual practice of collection agencies) In that manner a case is dismissed without prejudice so even after the dismissal of case the collection agency can keep reporting to CRAs for full 7 years?. please put some more light to itI don't know how to explain it any better than I did above.No court has ruled on anything so your assumptions about what they can or can't/could or couldn't are just that; assumptions. You are in the same position you would be in if they had never filed a case in the first place which means they can report to their heart's content for the duration of the reporting period. Link to comment Share on other sites More sharing options...
valorman Posted April 1, 2009 Report Share Posted April 1, 2009 I don't know how to explain it any better than I did above.No court has ruled on anything so your assumptions about what they can or can't/could or couldn't are just that; assumptions. You are in the same position you would be in if they had never filed a case in the first place which means they can report to their heart's content for the duration of the reporting period.First sorry to docnis for his thread.so if a collection agency can not prove their case and run away that means they dont have the proper valid proof.If they had the valid proof they never quit the case.So how can they report to CRAs?.Isn't that a violation of FDCPA. 15 USC 1692g Sec. 809 (,and FCRA .If they cant prove they cant report. Robert_Nashville you are right if a judge didnt heard the case its just nothing.But the process of validation still stays.One can argue with CRAs if lucky can get deleted the TL.Or may be the other option to sue back.is that right? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted April 1, 2009 Report Share Posted April 1, 2009 First sorry to docnis for his thread.so if a collection agency can not prove their case and run away that means they dont have the proper valid proof.If they had the valid proof they never quit the case.So how can they report to CRAs?.Isn't that a violation of FDCPA. 15 USC 1692g Sec. 809 (,and FCRA .If they cant prove they cant report. Robert_Nashville you are right if a judge didnt heard the case its just nothing.But the process of validation still stays.One can argue with CRAs if lucky can get deleted the TL.Or may be the other option to sue back.is that right?Maybe someone else can help you understand - I'm obviously not getting through. Link to comment Share on other sites More sharing options...
nascar Posted April 1, 2009 Report Share Posted April 1, 2009 ...if a collection agency can not prove their case and run away that means they dont have the proper valid proof. If they had the valid proof they never quit the case. So how can they report to CRAs?The simple answer to your question is that the FCRA contains no verbiage that requires the removal of a tradeline if the creditor is unsuccessful in obtaining a judgment in court. The tradeline simply needs to be accurate when compared to the records of the data furnisher. As twisted as it may seem, the fact that the data furnisher's records aren't strong enough to prevail in court matters little. Your question exposes a fact that all of us should remember. The FCRA and (FDCPA for that matter) is barely stronger than wet toilet paper when it comes to providing real consumer protection. Link to comment Share on other sites More sharing options...
docniss Posted April 1, 2009 Author Report Share Posted April 1, 2009 First sorry to docnis for his thread.Well thanks guys for the banter. Basically I understand that really there are no rules to this game or at least the rules are made up by the person you are dealing with at any point and time. 3 years ago I had a CS of 796 and after a bad decision to get involved with some guys in real estate investing, yeah, what an idiot I was, I thought I wanted to be a landlord...moron:trainwreck: A combination of bad loans, fraudulent appraisals ended with 3 houses foreclosed and the 4th in progress. All this and health issues and unemployment with my husband caused the credit card issue. I have spent the last 3 years learning about debt and credit and if nothing else, I look at the real estate disaster as my schooling for debt and credit. I have turned this experience into helping friends on how to handle their credit issues. I live in Indiana and my county has double the unemployment of the state average. I just found this site on Sunday and have spent many hours reading through the forum questions. Much of this stuff I already knew but more of this stuff I did not. I will keep chugging along, learn more, and be smarter:idea: Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted April 1, 2009 Report Share Posted April 1, 2009 ...Actually, there are plenty of rules and my cynical friend Nascar notwithstanding, they do work and they do have teeth.However, it's up to the consumer to learn and understand the rules and, as with all civil matters, up to the injured party to enforce his rights and to pursue the offender in the courts; either on his own or by hiring an advocate to do it with/for him. Link to comment Share on other sites More sharing options...
cap1kid Posted April 3, 2009 Report Share Posted April 3, 2009 How do you do that? Link to comment Share on other sites More sharing options...
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