bravoflaca2000

MIDLAND STILL POSTING, ADDING INTEREST AND VERIFIES DEBT(EVEN THOUGH I WON IN COURT)

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I need help. I am typing up a letter to all 3 credit bureaus to have this removed, but I dont know how to proceed with original creditor that is also on my report. Midland reporting I plan to send letter with court docs showing they lost and owe me money and have yet to pay me. I hope this will get them removed but dont know for sure. Also sending another letter to the BBB about this .

 

I won my case against midland for this account, they dismissed at trial. I am still fighting for money by the way they have not budged to pay me yet. They still continue to add interest on the debt and show that debt is still valid of todays date on my credit reports.

 

Anyways I need help wording these letters in hopes to getting the debt removed, I tried to refinance my house in hope to lower my monthly payment only to be denied because of this debt.

 

Any help is appreciated and if you have a letter sample thats worked in the past even better.

 

 

I JUST HIRED LEXINGTON LAW

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@BV80,

I didnt know if it was good idea to hire them. I found them on here so decided to give it shot. I am hoping they can help with other collections, but I did not got to court for those . I have 2 more aside from the one I was taken to court for and 1 of them is also midlands.

 

I am hoping there mistake on the court one I won, can get some leverage over the other account they claim to own.

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FYI;

 

Midland is doing the same thing to me. They keep adding interest and showing late payments???

 

This is on two accounts that they dismissed before court dates about 2 years ago..

 

SO I am very interested in what others may have to say about this issue??

 

Is this still legal for them to do?? How do we get them to stop?? 

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@bravoflaca2000

 

Okey dokey.  Was the lawsuit dismissed with or without prejudice?  Did the judge make a ruling one way or the other?

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@BV80

They dismissed at beginning of trial without prejudice, I have judgement for me and costs awarded. They have not paid me gave me the run around and its sat that way for 1 year now collecting interest in my favor. I got myself into a pickle with that for adding interest it went over 600 dlls now which means its taxable and I have to file a form ( I think not sure yet, midland tried to send it last year ) I didnt fill it out then because it was only 540 dlls.

 

I plan to send a sheriff again to try and collect. A good guy on this forum gave me a copy of the check midland paid him with. I have banking information to put on the form for the sheriff now. I am going to exhaust some options before I file in court to have them dragged in to show their financials.

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This is what calawyer had said to me on the subject. I have been afraid to do it, I have more collections so I wanted to wait them out. I am now lawsuit proof from all of them, but they are destroying my credit. Which is why I decided to hire someone that has the time I do not. Has anyone used lexington law before? 

 

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Posted 25 June 2013 - 10:28 PM

bravoflaca2000, on 25 Jun 2013 - 11:50 AM, said:snapback.png

Well they didn't give me a choice going back to court this Thursday , will  ask the court to garnish one of their cases for my payment of costs .More paperwork more fun.

 

I love this they haven't paid me yet. So instead they decided to update my credit report,  showing the account still past due as of 5/21/2013 . Gotta love them they dismissed in march but still post on my credit as valid.

 

 

Send your judgment of dismissal to the CRAs and demand that they remove the tradeline.

 

I would also send a copy to plaintiff and tell them to pay up.  Otherwise you will enforce the Judgment to the fullest extent of the law.

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@bravoflaca2000

 

I'm a little confused.  They dismissed without prejudice, so how did you get a judgment?   What was stated in the judgment?

 

The reason I'm asking is because unless the court has ruled that you don't owe the debt, or Midland admitted you don't owe the debt then technically, it's still owed.

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@bravoflaca2000

 

A dismissal without prejudice means that the JDB can sue again, but I doubt they'll do so.  It's up to you if you want to dispute now or wait until the SOL has passed. 

 

In any case, you could try sending the CRAs a copy of the judgment to see if "in favor of the defendant" would cause the CRAs to remove the entry.  But, since there was no ruling that the plaintiff didn't prove their allegations or that you don't owe the debt, it may not work because Midland is not violating any statutes by reporting.

 

If the CRAs don't remove the entry based upon the judgment, your next step would be to dispute with Midland.   What is the percentage rate of the interest they're adding?   If this was a credit card, is that rate allowed by the credit card agreement?  Does CA allow a debt buyer to add interest to a charged-off debt?

 

You need a valid dispute that you can prove. 

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A judgement in favor of the defendant is a golden ticket.

 

This is what I would do:  I would send a simple dispute to the CRA stating that this account was adjudicated and found not to be liable for this debt in Court XXXXX, Case number XXXXX.

 

If it comes back verified, then I sue Midland for an FCRA violation and an FDCPA violation.  I also get the paperwork filed at the court to allow a siezure.  I would show up at the nearest midland offices with the sherrif and start removing all of the equipment I can to satisfy the judgement already against them.

 

I bet after you put them through that, they find a way to drop any other account they may have on you.

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@bravoflaca2000

 

What I'm not understand is how a judgment can be rendered after a lawsuit has already been dismissed.   Midland dismissed its lawsuit which should have ended it.  Why was there a judgment afterward?

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@BV80 @bassplayr

 

My county required a Judgement in favor of defendant in order to award costs. So I asked for judgement in favor of defendant, which the judge did give. The costs were added to the judgement afterwards. I have all documents from court stating the judgement in favor with costs awarded.

 

 

Midlands attorney dismissed stating the witness was not available and asked without prejudice . The judge dismissed us. All the judgement states is that AFTER REQUEST OF DISMISSAL , JUDGEMENT IS ENTERED FOR DEFENDANT

 

 

COURT ONLINE JUST SAYS VACATED ON TRIAL DATE.

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@bravoflaca2000

 

Okay.  Before when I asked you about his in post #8, you didn't explain that a judgment had to be rendered in your favor for you to recover your costs.  That's why I didn't understand why there was a judgment after a dismissal.

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@bassplayr

 

That's exactly what I thought.  I'm not sure that a judgment for dismissal just so the defendant can get costs is the same as an adjudication on the merits.

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@bravoflaca2000

 

As @bassplayr and I both noted, the lawsuit had already been dismissed by the plaintiff.  I'm sure you know this already, but I'm going to state it for posters who may not know:  An "adjudication on the merits" means that the court has made a specific ruling about the cause(s) of action and whether or not the plaintiff has proved its claim(s).

 

In your case, the plaintiff dismissed without prejudice meaning that they could file again.  When one can file again, the there's been no ruling on the claims.  That's why a dismissal WITH prejudice (voluntary or involuntary) IS considered an adjudication (ruling) on the claims.  It's because the plaintiff can NOT file again.

 

Your judgment of dismissal does not state "with prejudice".  It doesn't change the plaintiff's voluntary dismissal without prejudice.

 

So before you jump on the lawsuit bandwagon, please contact an attorney.  Give him the details.  1)  The plaintiff voluntarily dismissed without prejudice.  2) The judge gave you a judgment of dismissal so that you could recover your costs.  Ask him if that's the same as an "adjudication on the merits". 

 

If it's the same, great.  But if it's not, unless you can prove an inaccuracy in reporting by Midland, you don't have either an FDCPA or FCRA claim. 

 

I just don't want to see you wasting time and money on a claim you may not have.

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The OP appears to have gotten a judgment by filing their MC-010 form in CA. If, after a certain period of time, Midland fails to contest, the motion can become a judgment.

 

It's not a judgment in the sense that it may get Midland off the CR since there was no adjudication of the merits of the debt claimed owed.

 

Instead, the OP has a judgment for costs only. And yes, the OP can garnish or seize assets until the judgment is satisfied. The only thing is that Midland has no assets and is merely a shell created to file lawsuits. The OP won't be collecting any money very easily. 

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