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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.

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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….

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