jezebel77

New Here (big lurker) and I think I had a BIG WIN! But I can't tell :) Can you?

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Hi folks,

I started the DV process on Cohen & Slamowitz back in March and then sent a f/u letter in April. Unfortunately, I was unexpectedly out of the country and then this process fell by the wayside.

Today, I received a letter from C&S saying:

Enclosed please find a Notice of Discontinuance of action in connection with the above referenced matter. Kindly retain the discontinuance for your records.

Then the Notice has Portfolio Recovery Associates against me as the action that is being discontinued.

On the cover letter, it lists Cap One as the OC and then Portfolio as the creditor.

I checked my CR today (Experian) and it's listed on for both Cap One and Portfolio..

Is this Discontinuance good news? Can I do something with this to get either of these negatives off my CR or at least one?

Please help!!

Thanks for the help in advance:)

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I would google "notice of discontinuance" and get as much info as possible. It looks like they tried to file a suit and are now discontinuing it. It does not mean they can't come back later and try to sue again. I also read you could use this notice as a defense if they do try to sue later.

You could go to the court and get copies of the filed case and see what actually transpired. Maybe even look online on their website.

If the OC has sold the debt you should have a zero balance and it should say that it has been sold along with the charge off. From what you have posted, portfolio could very well own the debt.

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Thanks, I googled, but I didn't find too much helpful information, other than that yes, Portfolio can probably come after me again.

I even called the clerks office (I live in Kings Cty in NYC) and they were just like yeah, the Index # is here, confirmed my name and the Notice had yet to hit their system.

I am not sure what to do from here - I didn't receive a summons/complaint and when I mentioned that to the man on the phone, he said, "oh maybe you never received one!" and promptly hung up on me. Gotta love NYC..

I am just not sure what to do now. Who do I contact? Argh.

Thanks!

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Just keep an eye on the court. Give it a few days and see if the case gets dismissed or non-suited. If it doesn't, remind C&S of the discontinuance letter. If they try to litigate now, hit them for unfair and deceptive means under 1692f

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I spoke to the clerk today and they informed me that the case has been discontinued, which means the plaintiff isn't pursuing this case against me any further. They said a dismissal is if we were before a judge - he would dismiss it.

I'm just unsure of where to go now with this.

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