IdWrknGrl

Amex vs. IdWrknGrl Dismissed with Prejudice, but CR still a mess

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I didn't intend to take 9 months off after my victory over Amex, but after 3 years in court with them, I needed a nap!

So, for the past 9 months, I've been disputing with all three credit bureaus regarding the Amex listing on my CR. They keep validating with Amex and then they send me a letter telling me that it's legit. I even sent a copy of the judges order to Dismiss with Prejudice to all three credit bureaus....NO response.

I contacted Amex one last time and offered to send the judges order. They sent me a letter today explaining that they verified that I made payments on the account, therefore it is mine.

What in the world do I do now? My credit is still in the toilet despite my win. My win against an OC has made zero difference.

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Unfortunately beating them in court does not automatically equate to getting it removed from a credit report.  The standard of proof for reporting vs. prevailing in a lawsuit is much lower.  Unless the judge issues a verdict stating the debt was not yours a dismissal with prejudice is not enough to get a trade line removed.

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@IdWrknGrl

A dismissal with prejudice is an adjudication (judgment) on the merits of the lawsuit. It wouldn't hurt to talk to a consumer attorney and ask if that dismissal with prejudice was the same as the court ruling that you didn't owe the debt and/or that Amex didn't prove you owe it. If that's the case, they shouldn't be able to report what the court says you don't owe or that Amex didn't prove you owe.

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That's what I was thinking. Unfortunately, there are NO consumer attorneys in Spud Land. I've called every consumer attorney in the yellow pages and they only file bankruptcy. I am going to write one last certified letter to Amex and the 3 CRA's with a copy of the judges order and if they don't do something, I might have to file the FCRA suit by myself.

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@BV80 is exactly right. Oftentimes, when a consumer lawyer is used, having the tradeline removed is part of the settlement that is worked out. As for a lawyer: I assume you went to www.naca.net. Try just a Google search for "Idaho FDCPA lawyer." Also try national law firms such as www.krohnandmoss.com or www.attorneysforconsumers.com

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