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Noreturn

Are debt buyers obligated to remove trade line from credit report when they loose?

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I was sued by PRA in Aug 2019.

PRA claimed I owed 8k for a defaulted capone card. Of course I said "um, no".

I beat their summary judgement motion, poor atty could only offer hearsay

I beat them at trail. Again, a bunch of hearsay and inconsistent account numbers. 

I received a 6 page dismissal finding of facts and conclusions of law (still unbelievable). Judge dismissed this case with prejudice, he agreed with every point I made while ripping atty boy a new one.

How can I get this off my credit report? Isn't a judgment enough? 

I recently disputed PRA's entry for the third time  with experian ( first post judgement), PRA refuse to remove this account and actually confirmed it.

Do I have any options here?

Comes off it says in 2023

Thanks!

The court dismissed the case with prejudice

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Are you sure this was a dismissal with prejudice and not a judgement in your favor? I ask because it sounds like this went to trial and the judge decided the merits of the case. If this is a judgement in your favor, it would be better for you to get this removed although a dismissal with prejudice should be fine.

For the removal, rather than doing a web dispute, send in a paper dispute to the CRA and include a copy of the judgement stamped by the court. Make sure to send it CMRRR so that you know that they got it. If it still comes back as verified, then you can take both the CRA and PRA to court under the FCRPA. The judgement should be ironclad proof that a judge stated that you do not owe the debt. Note that they cannot sue you for this debt again as res judicata applies.

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To answer your question about obligation, they are not required to tell a CRA that they lost in court. They are required to tell the truth in a dispute however.

One other option would be to send a letter to the attorneys for PRA demanding that under the FCRPA, that PRA tells the CRAs the truth about the judgement and that they are given 30 days to do so. After 30 days, dispute with the CRAs as mentioned above and see if they still come back as verified. If the attorney calls you, inform the attorney that they sued, they lost, and that you want the tradeline removed from your report under Federal law.

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2 hours ago, WhoCares1000 said:

Are you sure this was a dismissal with prejudice and not a judgement in your favor? I ask because it sounds like this went to trial and the judge decided the merits of the case. If this is a judgement in your favor, it would be better for you to get this removed although a dismissal with prejudice should be fine.

For the removal, rather than doing a web dispute, send in a paper dispute to the CRA and include a copy of the judgement stamped by the court. Make sure to send it CMRRR so that you know that they got it. If it still comes back as verified, then you can take both the CRA and PRA to court under the FCRPA. The judgement should be ironclad proof that a judge stated that you do not owe the debt. Note that they cannot sue you for this debt again as res judicata applies.

Well now I guess I am not sure. The case went to a bench trial, judge lodged most of my objections and then requested closing arguments in writing ( i think he could tell I'd had enough it was a very stressful event). Three months later the court sent the judgment and findings of facts and conclusions of law. I called the court clerk to verify if this was dismissed with or without prejudice because the judgement did not say. The clerk told me that the plaintiff would not be allowed to file this case against me again, I assumed that meant WITH prejudice. 

Thank you for the advise, I will take these steps first but if all else fails, is PRA in (reporting to credit agencies following judgement / dispute)  violation of the fair credit act?. If I end up suing them, wouldn't i need to learn federal court rules and procedures?

 

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18 minutes ago, Noreturn said:
 
 

Well now I guess I am not sure. The case went to a bench trial, judge lodged most of my objections and then requested closing arguments in writing ( i think he could tell I'd had enough it was a very stressful event). Three months later the court sent the judgment and findings of facts and conclusions of law. I called the court clerk to verify if this was dismissed with or without prejudice because the judgement did not say. The clerk told me that the plaintiff would not be allowed to file this case against me again, I assumed that meant WITH prejudice. 

Thank you for the advise, I will take these steps first but if all else fails, is PRA in (reporting to credit agencies following judgement / dispute)  violation of the fair credit act?. If I end up suing them, wouldn't i need to learn federal court rules and procedures?

 

If you don’t mind, could you post the “findings of facts and conclusions of law” with personal identifying information redacted?  Whether or not PRA can report or has violated any laws will depend on exactly what was stated in the ruling.  

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This sounds more like a trial and judgement than a dismissal. If you can post the finding of facts, that would help us advise you. It is was a judgement, they cannot sue you again anyways under the legal term res judicata which is Latin for "A matter that has already been decided."

Also, if you do have a bona fide FCRPA issue, contact a consumer attorney. If they think you have a case, they will take on the case for free from you end because under law, they can collect their fees from the CRA and/or PRA. I would do the above first however before going to an attorney, if just to show the judge that you tried everything before running to the court.

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18 hours ago, BV80 said:

If you don’t mind, could you post the “findings of facts and conclusions of law” with personal identifying information redacted?  Whether or not PRA can report or has violated any laws will depend on exactly what was stated in the ruling.  

I am out of town but will post when I return, looking forward to understanding what I'm dealing with. 

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