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Credit Card suit dismissed with Prejudice, but company is still reporting


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I had a case against Chase for a CC debt dismissed with prejudice. Chase continues to report to the CRAs. My understanding is by getting a dismissal with prejudice is like them saying that you do not owe the debt.

Is it legal for a company to continue to report as a late/charged off account every month?

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  • 2 weeks later...
I had a case against Chase for a CC debt dismissed with prejudice. Chase continues to report to the CRAs. My understanding is by getting a dismissal with prejudice is like them saying that you do not owe the debt.

Is it legal for a company to continue to report as a late/charged off account every month?

You should be able to dispute this with the CRAs by sending a

copy of the dismissal to them.

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Guest usctrojanalum

Do you have a judgment in your favor? I.e Did a judge decide this case on it's merits and state that you do not owe Chase any money after a summary judgment motion or trial?

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  • 2 weeks later...
USC,

Yes, I have a judgement in my favor. The Plaintiff came to court with no evidence and the judge dismissed with prejudice.

Then a judge has determined you owe no debt.

Send the judge's dismissal order to the CRAs with a cover letter telling them that Chase is in violation of a judicial order stating you owe them no debt. If the CRAs don't remove, you can sue them for FCRA violations. If Chase confirms the tradeline, you can file a motion with the court for contempt. There is plenty of case law out there where judges have determined that reporting to the bureaus is continued collection activity because it is used as leverage to make a person pay.

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I have a letter typed to send to Chase. I sent as copy of the dismissal to the CRAs to try to get it removed and am waiting to get the results of their investigation back.

My letter to Chase states that they continue to report to the CRAs that the account is "open" and since the matter is settled the account should be closed. Continued reporting of the account to the CRAs as an open acct constitutes continued collection activity. False reporting to the CRAs is a violation of the FCRA.

I am giving them 30 days to correct the error or else I am giving this matter to my attorney to file suit. I will see if they correct their records.

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I have a letter typed to send to Chase. I sent as copy of the dismissal to the CRAs to try to get it removed and am waiting to get the results of their investigation back.

My letter to Chase states that they continue to report to the CRAs that the account is "open" and since the matter is settled the account should be closed. Continued reporting of the account to the CRAs as an open acct constitutes continued collection activity. False reporting to the CRAs is a violation of the FCRA.

I am giving them 30 days to correct the error or else I am giving this matter to my attorney to file suit. I will see if they correct their records.

You should contact a Consumer Attorney that files lawsuits based upon violations of the FDCPA. /they should be willing to take your case at no out of pocket expense to you. It is a no brainer and should be entitled the statutory $1,000 for violation of the FDCPA.

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Remember it is the original creditor, so it would be a FCRA violation and state consumer laws violations. I do have a consumer law attorney that I have discussed this with and he wants me to get all the information I have together for him to look over.

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bmc100,

Because of the ruling that it was dismissed with prejudice due to lack of evidence by Chase then the entire tradeline should be removed. Essentially, a judge has determined you had no debt to Chase at all....as in ever. So Chase has no business putting the tradeline on the reports at all. Tell them remove it or be in contempt.

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  • 4 weeks later...
  • 3 weeks later...
I have a letter typed to send to Chase. I sent as copy of the dismissal to the CRAs to try to get it removed and am waiting to get the results of their investigation back.

My letter to Chase states that they continue to report to the CRAs that the account is "open" and since the matter is settled the account should be closed. Continued reporting of the account to the CRAs as an open acct constitutes continued collection activity. False reporting to the CRAs is a violation of the FCRA.

I am giving them 30 days to correct the error or else I am giving this matter to my attorney to file suit. I will see if they correct their records.

Hi. AmEx did not even show up in court when they sued me for $11K. Civil Court judge issued a "dismissed with prejudice" order two years ago. But it's still being reported also! So, do I do the same thing, get a consumer attorney? Nobody even gave me a dismissal order when I walked out, even after I asked for some paperwork. I have since contacted a congressman and a state senator to get me the order, but no reply after 4+ months! What can I do that won't cost me money?

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Hi. AmEx did not even show up in court when they sued me for $11K. Civil Court judge issued a "dismissed with prejudice" order two years ago. But it's still being reported also! So, do I do the same thing, get a consumer attorney? Nobody even gave me a dismissal order when I walked out, even after I asked for some paperwork. I have since contacted a congressman and a state senator to get me the order, but no reply after 4+ months! What can I do that won't cost me money?

Call your clerk of court, and see if you can request a copy of the order. Also, you could go to the courthouse and look in the case file. There might be a copy of the order in there.

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Is the judge's ruling that the case be " dismissed for Want of Prosecution" the same as having dismissal with Prejudice. Can i sent this to CRA's n have this fixed (removed).

Then a judge has determined you owe no debt.

Send the judge's dismissal order to the CRAs with a cover letter telling them that Chase is in violation of a judicial order stating you owe them no debt. If the CRAs don't remove, you can sue them for FCRA violations. If Chase confirms the tradeline, you can file a motion with the court for contempt. There is plenty of case law out there where judges have determined that reporting to the bureaus is continued collection activity because it is used as leverage to make a person pay.

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  • 3 weeks later...

I found out something new today as well. Chase originally handed the account to Hanna & Assoc., then Hanna hired a local law office to represent Chase. I pulled my credit report up again today and saw that Chase was still reporting. I called Chase and told them my issue, the re-routed my call to a call center in India. The rep in India told me about Hanna. I called Hanna and told them that Chase is still reporting. They acted like they did not know what was going on, they told me to call the local attorney. I called the local attorney and they never submitted the dismissal back to Chase or to Hanna. I told them I am going to sue all three parties for breaching the FCRA and FDCPA, I told Hanna that and I told Chase that as well. Everyone pointed the finger at one another and said it isnt their fault. I told Chase and the local attorney that they have 1 week to correct their error given it has been 3 months or I am filing lawsuits against everyone.

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  • 3 weeks later...

Hi bmc100

Please let me know what ended up happening. I have a similiar situation and need advice. basically I have 2 cases that have been dissmissed with prjudice and I was told originally that it would come off automatically. Its been already 3 months and its still on my report. I want to know the steps I need to take to get them off my report!

Thanks in advance.

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I found out something new today as well. Chase originally handed the account to Hanna & Assoc., then Hanna hired a local law office to represent Chase. I pulled my credit report up again today and saw that Chase was still reporting. I called Chase and told them my issue, the re-routed my call to a call center in India. The rep in India told me about Hanna. I called Hanna and told them that Chase is still reporting. They acted like they did not know what was going on, they told me to call the local attorney. I called the local attorney and they never submitted the dismissal back to Chase or to Hanna. I told them I am going to sue all three parties for breaching the FCRA and FDCPA, I told Hanna that and I told Chase that as well. Everyone pointed the finger at one another and said it isnt their fault. I told Chase and the local attorney that they have 1 week to correct their error given it has been 3 months or I am filing lawsuits against everyone.

It's been more than a week. I'd like to follow your lawsuit. Also, did you file a motion for contempt with the original court?

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I spoke to my attorney this afternoon and I am getting all of the information together for him to review.

There is no such thing as contempt in a civil suit. There are sanctions that the court can issue to an attorney. The tools we have are laws passed to protect us and sue or counter-sue a party.

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There is no such thing as contempt in a civil suit.

I hope the attorney didn't say that....

Contempt is failure to follow a judge's order. Sanctions are the penalties imposed for an act of contempt. It can be monetary, more strict orders to follow, or loss of rights (jail). And yes all that can happen in civil court too.

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  • 2 weeks later...

We filed suit against Chase. Today in the mail I get a fraud investigation form from Chase in the mail. After disputing this account now 5 times, it takes a lawsuit for them to want to research my dispute. I never said in my disputes that the account was fraudulent. Just delete the trade line since I beat you in court. They are probably pulling the fraud issue so Chase can slow us down on getting the trade line removed.

What a piece of work these idiots are.

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Order to show cause as to why the Plaintiff should not be found in contempt.

Stop playing around with these idiots you have a signed decree from a judge that you do not owe them. The fastest way to get them to delete is to have a judge order them to do so.

Continued reporting after a decision by a court is an fdcpa and an fcra violation.

do not pass go fork over 2000 bucks.

Stop wasting time and file with the courts you have the judge on your side already and judges hate having to reopen cases that have already been decided because one of the parties just wont give it up and follow the law as the judge has so ordered.

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I found an interesting fact out recently that once an OC, CA or JDB either dismisses with prejudice or the court rules with prejudice, the furnisher of credit is to remove the listing.

Here is the real issue: These CAs and JDBs file so many lawsuits that most times they are unaware that they lost in court and when contacted by a CRA, they do not have a record of losing.

Even when they are aware, they still will report to try to get money out of you. Now, if it is a attorney acting as a CA on behalf of the OC. You have three claims to a lawsuit:

1) FDCPA to the attorney

2) FCRA to the OC and all three CRAs

3) If JDB, FDCPA claim.

4) You can go after monetary damages on top of the statutory damages against the furnisher.

Why let them just get a little smack on the hand from the court, when I can get money out of them (Much More than $2,000).

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