Helena

I won in court against Midland - how to get them off CR?

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Hello,

Midland sued me in court and they LOST. They were obviously not original creditor and I was disputing amount. NOW they are reporting, at least monthly, amounts that are 4x what they were suing me for in court!

This can't be right.

What are the steps to get them off my report?

I am assuming I need to start with going to court house and getting copy of court ruling.

Thanks for helping me streamline the process, do it right the first time, and get these mofos off my back once and for all.

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Hello,

Midland sued me in court and they LOST. They were obviously not original creditor and I was disputing amount. NOW they are reporting, at least monthly, amounts that are 4x what they were suing me for in court!

This can't be right.

What are the steps to get them off my report?

I am assuming I need to start with going to court house and getting copy of court ruling.

Thanks for helping me streamline the process, do it right the first time, and get these mofos off my back once and for all.

 

The problem you have is that the standard for reporting is WAY lower than the standard of proof to prevail in a court case.  As long as the creditor reporting meets the minimum standard under the FCRA they CAN report the debt.

 

WHY did you win the lawsuit?  Unless the court ruled that you did not owe the debt AND that they could not report the court case does not help you.  Reporting and suing are two different issues.  They even have separate SOLs.  A common mistake that many consumers make is assuming that because they can no longer be sued the creditor can no longer report which is not the case.  The second assumption is that because a case was dismissed with or without prejudice because the plaintiff could not prove their case to the court means it can't be reported on a CR which isn't true.

 

Before you go tilting at this windmill if the case was dismissed without prejudice do they still have time to refile?  If so you might want to wait until you have the SOL as an affirmative defense.  

 

If they are reporting interest it may be correct.  The post default interest rate is astronomical.  However, if the account was charged off before being sold then it is no longer collecting interest and Midland may not be able to "reactivate" the ability to add it on once the OC waived their right to the interest accruing.  

 

If they can no longer sue you I would focus on WHAT they are reporting and whether it is accurate.  While you MIGHT get a deletion based on their losing the lawsuit, why they lost is going to be a major factor in whether or not that will work and if you try this first when it won't then you lose leverage on other possible deletion avenues that you try later.

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The problem you have is that the standard for reporting is WAY lower than the standard of proof to prevail in a court case.  As long as the creditor reporting meets the minimum standard under the FCRA they CAN report the debt.

 

WHY did you win the lawsuit?  Unless the court ruled that you did not owe the debt AND that they could not report the court case does not help you.  Reporting and suing are two different issues.  They even have separate SOLs.  A common mistake that many consumers make is assuming that because they can no longer be sued the creditor can no longer report which is not the case.  The second assumption is that because a case was dismissed with or without prejudice because the plaintiff could not prove their case to the court means it can't be reported on a CR which isn't true.

 

Before you go tilting at this windmill if the case was dismissed without prejudice do they still have time to refile?  If so you might want to wait until you have the SOL as an affirmative defense.  

 

If they are reporting interest it may be correct.  The post default interest rate is astronomical.  However, if the account was charged off before being sold then it is no longer collecting interest and Midland may not be able to "reactivate" the ability to add it on once the OC waived their right to the interest accruing.  

 

If they can no longer sue you I would focus on WHAT they are reporting and whether it is accurate.  While you MIGHT get a deletion based on their losing the lawsuit, why they lost is going to be a major factor in whether or not that will work and if you try this first when it won't then you lose leverage on other possible deletion avenues that you try later.

Would midland  keep filing if the OP'S suit again and again was not dismissed with prejudice- and use it as a tactic to weaken the debtor tricking them into settling and making them pay- (that is if the debt was actually  owed, (no matter what amount the OP claims they owed) and it was not a case of ID Theft etc

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It's time to turn the tables on them and take them to court for reporting inaccurately.  

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They are definitely reporting innaccurately. I cannot believe what they are doing is ok under fcra. My original debt was paid to OC.

Somehow, my "debt" was sold to jdb. They couldn't prove in court. Now they are reporting I owe $38k!!!! They were suing for $9k.

Still confused as to what to do....Thanks for the info clydesmom. Will try not to tilt at the windmill, whatever that means....

Guess I will get court copies and write to credit reporting agencies. I tried to get a letter from OC and they said they have no record. This was 6 years ago.

So thoroughly done with this garbage. Wish I had the energy to sue them for inaccurate reporting....

Thanks for your comments.

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I would try disputing as "not mine" first with no court copies just to see if it comes off.  You might be opening another can of worms by sending proof of court to them.  If the CRAs see that there was court, part of the notation might become permanent.  You could try sending Midland an intent to sue letter.  

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Send a letter to the reporting agencies with the correct reporting entry.

They will send an investigation letter to the creditor that reported it asking for an explanation.

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