IN_Girl

Need Advice - Midland Dismissed with Prejudice

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I won my case with Midland and papers were filed with the court and approved by the judge on August 6th.  I got a dismissal WITH prejudice.  However, Midland is still reporting on my credit report.  They even listed me as 120 days late for July 2013.  Where do I go from here?  I have disputed with the CRAs and sent them copies of the judge's decision, but it came back verified.  What now?

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@IN_Girl

 

The reason I asked is because if the judge stated that Midland had not proven that they owned the account, or had not proven the amount, you could use that in a dispute with the CRAs.

 

If the judge didn't say anything that casts doubt on the account, the dismissal with prejudice is not going to be proof that they shouldn't be reporting.

 

That being said, I'd still dispute the account.  Dispute one thing at a time.  For instance, you might start out by disputing with the CRAs as "not mine".  If Midland verifies it, dispute the amount.  If they verify that, I'd request their method of verification.  In other words, make Midland work.

 

I believe that a JDB should have to prove they own an account in order to report it, but there's no specific law or court precedent that supports my opinion.  

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Send a copy to midland stating that they verified inaccurate information, if they persist sue them for FCRA and FDCPA violations,

 

This. And I'm sure you'll be able to find a lawyer to take the case for you.

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Ok, so I probably just did what you aren't supposed to do.  I called Midland.  Told them that they had a case against me and that the judge had dismissed with prejudice.  I then asked if they had received the paperwork.  He said no, but that he had my balance as zero and it was in the queue to be deleted.  He said it typically takes 30-60 days for the CRAs to update.  He then said that he could send me a letter that stated it was being removed and deleted.  So I should have that in 5-7 business days.  Man... I'll be glad to be rid of them.

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@kutuzov

 

 

If they sell it to another JDB that's illegal if the case was dismissed with prejudice, you can sue them for that too.

 

 

Unfortunately, this is not accurate.  A dismissal with prejudice only means that Midland can't refile the case.  It does not prevent Midland from selling the account. 

 

You also have to take into consideration that this was a MUTUAL dismissal.  The judge didn't make a ruling.

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