stormie Posted April 13, 2012 Report Posted April 13, 2012 can you have that item deleted from your credit report? I won a case against LVNV Funding, and have another one in the works with Midland Funding, and I'm wondering if having gotten the cases dismissed, if that will somehow improve my credit score?
admin Posted April 13, 2012 Report Posted April 13, 2012 You can try, but I doubt if they will remove based on your court victory. Congratulations, by the way.
Coltfan1972 Posted April 13, 2012 Report Posted April 13, 2012 Yes, congratulations, but the two are independent of each another.
1stStep Posted April 13, 2012 Report Posted April 13, 2012 Make that a condition of your settlement... if it's a dismissal w/ prejudice, then that could shake the TL off
usagi555 Posted April 13, 2012 Report Posted April 13, 2012 Make that a condition of your settlement... if it's a dismissal w/ prejudice, then that could shake the TL offOn a out-and-out win, and not just a dismissal without prejudice, I would be making them remove the TL. I would dispute with the CRAs, and include certified copies of the complaint and the dismissal/judgment, and if that didn't work, I'd dispute with Midland and LVNV, letting them know that I already disputed with the CRAs. If that didn't work, I would drag them all into court and make them start throwing each other under the bus while I drove it gleefully around the courtroom. You'd be amazed at how fast a CRA will respond to a dispute that includes a well written nastygram and certified court documents. I had Experian delete within a couple of days after having received my dispute and TU deleted so fast that their deletion letter got back to me before the CMRRR green card. That was for an OC's tradeline too.
Beergoggles Posted April 14, 2012 Report Posted April 14, 2012 When I close my arguments I am going to ask the Judge for them to remove any and all inquiries, and TL's
gwheelock915 Posted April 14, 2012 Report Posted April 14, 2012 If that didn't work, I would drag them all into court and make them start throwing each other under the bus while I drove it gleefully around the courtroom.I put that thought in my mind and I started laughing. Thanks!
stormie Posted April 14, 2012 Author Report Posted April 14, 2012 On a out-and-out win, and not just a dismissal without prejudice, I would be making them remove the TL. I would dispute with the CRAs, and include certified copies of the complaint and the dismissal/judgment, and if that didn't work, I'd dispute with Midland and LVNV, letting them know that I already disputed with the CRAs. If that didn't work, I would drag them all into court and make them start throwing each other under the bus while I drove it gleefully around the courtroom. You'd be amazed at how fast a CRA will respond to a dispute that includes a well written nastygram and certified court documents. I had Experian delete within a couple of days after having received my dispute and TU deleted so fast that their deletion letter got back to me before the CMRRR green card. That was for an OC's tradeline too.hahaha, that's so funny - thanks to all for answering.BUT, I tried that already with LVNV Funding - they wanted to dismiss the case and had me agree, but I told the judge that I would only agree to the dismissal if LVNV agrees to remove the incident from the credit report. Well, the judge said that the court and this particular case has nothing to do with that and that I'd have to write the three credit agencies. She said the courts are literally clogged up with people suing to get incidents removed.I really don't understand why the judge couldn't make LVNV Funding take the stupid thing out, but oh well. At the time, I was just so glad that case was dismissed.
1stStep Posted April 16, 2012 Report Posted April 16, 2012 Take the dismissal paperwork and send a copy to the CRAs and see if they delete...
BV80 Posted April 16, 2012 Report Posted April 16, 2012 If the judge dismissed a case because he felt the JDB had not proven ownership of the account and stated so in the dismissal, that might give you some leverage in trying to get a TL deleted. It's not guaranteed, but at least it's something. However, if a case is dismissed for any other reason, you really wouldn't have anything compelling to show the CRAs.
Scientific Posted April 25, 2012 Report Posted April 25, 2012 So let me get this straight...you win against the JDB but they can continue to report the negative TL on your credit report (if they feel like it) and your only recourse is to drag them into court to get it removed?
BV80 Posted April 25, 2012 Report Posted April 25, 2012 So let me get this straight...you win against the JDB but they can continue to report the negative TL on your credit report (if they feel like it) and your only recourse is to drag them into court to get it removed?It depends on how you won the case. If they dismissed without giving a reason, that's not evidence they don't have a right to report.
ladyhunter Posted April 25, 2012 Report Posted April 25, 2012 Based on your Rules of Civil Procedure, if a lawsuit is still pending, it may be worth countersuing for removal of the TL. If you have enough against the JDB to win the case, you can turn around and countersue for those violations and throw in removing the TL.
Beergoggles Posted April 25, 2012 Report Posted April 25, 2012 I won a judgement so must they remove it now?
usagi555 Posted April 25, 2012 Report Posted April 25, 2012 I won a judgement so must they remove it now?Dispute with the CRAs first. With the dispute, include certified copies of the court documents. Don't dispute on line and expect them to be real jerk wads. Everything should be done in writing where you retain any original documents should you need to drag everybody into court.
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