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First, let me say thank you for all the helpful posts I've read here over the years.  It's been almost two years since I've had to deal with any of this, but now find myself needing some advice again.  Between 2-4 years back, I settled on nearly $75,000 in debt for just under $15,000.  All but one OC worked with me.  One debt, from GE Money Bank (which I'm not even sure was mine and may have belonged to my ex-wife, but was reported under my name) was my biggest problem.  Funny thing is, it was one of my smallest debts, at under $5,000.  GE Money Bank wouldn't work with me to settle and then sent account to Midland Funding, via Love Beal & Nixon.  Multiple attempts to validate the debt were met with bogus and non-specific information.  

 

I got scared and almost ended up in BK, after getting the notice of lawsuit.  That's when I got serious and ran across these forums.  Your help and guidance completely changed my attitude and confidence.  I fought back and responded to everything they sent me, filing paperwork in the courthouse several times.  The waiting game was intense.  About a week before my court date, I received a Dismissal Without Prejudice.  I was happy with that because at least I could breathe for a while.  However, nearly two years later, I'm finding that Dismissal Without Prejudice is not enough.

 

I live in Oklahoma County, OK.  I did a deed in lieu of foreclosure on my house nearly 4 years ago (lost job, divorce, all the major sob story points).  The house sold about a year later and now I'm eligible to buy a house again (as of last December). Good news, but with all my credit blemishes, this one is standing out as the biggest red flag.  I still have a decent overall score of 670, which isn't bad, but all the other dings are adding up.  I really need to have this removed from my credit report.

 

So, back to Dismissal Without Prejudice.  I received the Dismissal Without Prejudice in Spring 2011, nearly 2 years ago.  Can I file a Motion to Dismiss with Prejudice now?  Or is that case closed and I'd have to open a new case?  I believe that I'm passed the original statute of limitations for this account.  My credit report says that my last payment for the OC was October 2009.  State of Oklahoma is 3 years for non-written contract and I can't imagine they could produce a written contract. Even so, I think that if I could simply file a Motion to Dismiss with Prejudice on the same case, that would be simple enough.

 

I worked with my bank to request that the debt be validated or removed.  However, they told me today that Midland has placed a "Cease & Desist" on the entry and it can't be changed without the "Cease & Desist" being removed first.  Is that even possible?  I called Midland and asked why the C&D was there and they told me that I had requested the C&D in writing.  That's not exactly true. I requested they C&D calling me, unless they could provide adequate documentation, proving the alleged debt was actually mine. They are using the C&D for personal contact to create vexatious litigation against my credit report.  

 

My first inclination is to write Midland directly requesting, yet again, a validation, and if they can't produce the validation, to immediately remove the credit agency report.  Or, of course, if I'm allowed to file a Motion to Dismiss with Prejudice, that would be easy and I doubt they'd even pick up a finger after the reams of paperwork I requested the first go-round.  

 

Any ideas or thoughts? Thank you from the bottom of my heart for your help!

 

Burci

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Did you make a dispute directly with the 3 CRAs?  I do not see what a "cease and desist" entry has to do with disputing items on your credit report.  

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Thank you for your quick reply!  Yes, I did request the credit bureaus update my file, but not lately.  I filed a dispute about a year ago, but the only change that occured in my CR was a line that said the item was disputed.

 

This time, the bank was actually trying to push an update (or request an update, I'm not sure), but they (CBC Innovis) that the update was not possible, because the line had a C&D attached to it.

 

I will attempt to go through the credit bureaus again, but am assuming that Midland will just confirm the account is real and continue to sit on it.  If it's possible to request a Motion to Dismiss with prejudice without filing a new suit, that would be my preference, but just am not aware if that is even an option.

 

Thanks again for your help.

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