DaFish Posted May 15, 2013 Report Share Posted May 15, 2013 Just checked my Credit Report on Experian and Midland has posted a delinquet account on 04/23/13, this after I whupped them in court on 05/07/11 (dismissed in my favor with costs)! Same account. Is this a FDCPA violation? What do I do? I didputed with Experian online. Link to comment Share on other sites More sharing options...
Huey Pilot Posted May 15, 2013 Report Share Posted May 15, 2013 section 623 of the FCRA. FDCRA violations info:http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml 623 Method for clearing trade lines off your CRA records.http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml Best, HP Link to comment Share on other sites More sharing options...
nikkinlt Posted May 15, 2013 Report Share Posted May 15, 2013 I have a suit with Midland. I've taken care of the case for the most part, but hired a lawyer to help me by attending the pretrial hearing. Here is some advice he gave me. I liive in Texas. I asked the atty if we could file a motiont to dimiss. My case in in JP court so there is no such thing like there is in the usual court of record. Here is what he said when I asked the question. No such thing in JP rules. BUT you can file a plea to the jurisdiction. Two things here: a plea to the jurisdiction gets you a dismissal for want of jurisdiction; if Chubaca (er, Johnetta) reads the disclosure amendment, you should get a non-suit. EITHER means that Midland remains on your credit report. If you go to trial, they send an appearance cipher from Padfield & Stout to present the business record that WILL NOT say a damn thing and you get a defense verdict as they fail in their proof. The difference is that Midland can no longer report on your credit report that there is a balance due and if they do, you get an FCRA claim…. Link to comment Share on other sites More sharing options...
ihatejdb Posted May 24, 2013 Report Share Posted May 24, 2013 I think I will file against them as well Link to comment Share on other sites More sharing options...
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