Noreturn Posted February 1, 2022 Report Share Posted February 1, 2022 I was sued by PRA in 2019 for a Capital One CC I did not own. The case went to trial where I beat their a$$ ( Yes You Johnson Mark ). since then, I’ve disputed this PRA entry on my credit report multiple times. PRA refuses to remove it or modify it in any way. Is PRA breaking the law? Can I sue the debt buyer for reporting debt to the credit reporting agencies after a Judge ruled I am not responsible? Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 1, 2022 Report Share Posted February 1, 2022 7 hours ago, Noreturn said: I was sued by PRA in 2019 for a Capital One CC I did not own. The case went to trial where I beat their a$$ ( Yes You Johnson Mark ). since then, I’ve disputed this PRA entry on my credit report multiple times. PRA refuses to remove it or modify it in any way. Is PRA breaking the law? Can I sue the debt buyer for reporting debt to the credit reporting agencies after a Judge ruled I am not responsible? Did you dispute directly with the credit bureaus? Did the judge issue a ruling specifically stating that you are not responsible? Or was the lawsuit dismissed without a written ruling? Is PRA updating each month? Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 1, 2022 Author Report Share Posted February 1, 2022 I disputed with Experian, Equifax and Transunion. The court website order just says “Judgment” and judgment type says “Dismissed” The judge entered a “civil disposition” based on the “merits” and I was sent a three page opinion where judgment was entered in my favor. I didn’t ask for costs or anything just to dismiss with prejudice. There is no mention of prejudice anywhere but I have a feeling it was dismissed with prejudice. Idk? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 1, 2022 Report Share Posted February 1, 2022 We still can’t tell what the judge meant; I didn’t read his statement. I do know of situations where a dismissal with prejudice led to removal from a credit report. I am not exactly sure how that was done. If the judge ruled you are not responsible for the debt your chances are better. You may wish to consult with a consumer attorney on this matter. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 1, 2022 Author Report Share Posted February 1, 2022 10 minutes ago, Noreturn said: I disputed with Experian, Equifax and Transunion. The court website order just says “Judgment” and judgment type says “Dismissed” The judge entered a “civil disposition” based on the “merits” and I was sent a three page opinion where judgment was entered in my favor. I didn’t ask for costs or anything just to dismiss with prejudice. There is no mention of prejudice anywhere but I have a feeling it was dismissed with prejudice. Idk? PRA is updating regularly, they’ve even sent me a collection notice with a paragraph saying something like we know this debt is past sol but please give us your money anyway Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 1, 2022 Author Report Share Posted February 1, 2022 Perhaps I will just call the clerk and ask. The opinion specifically says defendant is not responsible. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 1, 2022 Report Share Posted February 1, 2022 From your last two posts it seems quite probable that PRA is in violation of various laws. First, if the judge said you are not responsible for the debt and they are attempting to collect anyway. Forget the SOL CYA stuff. If it isn’t your debt and they know it they are very likely in violation of the FDCPA. Second. For the same reasons they should drop the item from credit reports. Again, you should seek the advice of a good consumer attorney. It is quite possible an attorney could work out an arrangement whereby they drop the account from the credit reports and possibly pay you a nominal sum. The attorney would get a larger amount paid by PRA. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 1, 2022 Report Share Posted February 1, 2022 36 minutes ago, Noreturn said: Perhaps I will just call the clerk and ask. The opinion specifically says defendant is not responsible. I agree with @BackFromTheDebtthat you should see a consumer attorney. Depending upon the judge’s ruling and the specificity of your dispute with the CRAs, he/she would be able to determine what, if any, federal and state statutes have been violated. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 2, 2022 Author Report Share Posted February 2, 2022 Perhaps I will just call the clerk and ask. The opinion specifically says defendant is not responsible. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 2, 2022 Author Report Share Posted February 2, 2022 From what I’ve read, legitimate cases may be represented by a customer attorney without upfront fees. Does that sound correct? Thanks again for offering sound advice guys and or gals & much love to this forum Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 2, 2022 Report Share Posted February 2, 2022 7 hours ago, Noreturn said: Perhaps I will just call the clerk and ask. The opinion specifically says defendant is not responsible. What are you going to ask the clerk? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 2, 2022 Report Share Posted February 2, 2022 10 hours ago, Noreturn said: From what I’ve read, legitimate cases may be represented by a customer attorney without upfront fees. Does that sound correct? Yes. If you have a solid case most consumer attorneys will take the case on "contingency" meaning they get paid by the Defendant when they win the case. You do not pay up front for representation. Keep in mind that much like personal injury that means you agree the law firm representing you may have a contingency fee of up to 40% of the winnings plus expenses. Read the retainer agreement VERY carefully before you sign it. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 3, 2022 Author Report Share Posted February 3, 2022 On 2/1/2022 at 7:23 AM, Noreturn said: Perhaps I will just call the clerk and ask. The opinion specifically says defendant is not responsible. The order says “ judgement type: dismissed” but it doesn’t say with or without prejudice. I requested the opinion from the court today. Maybe I could get someone to read a redacted copy and give me some insight? Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 3, 2022 Author Report Share Posted February 3, 2022 On 2/2/2022 at 8:56 AM, Clydesmom said: Yes. If you have a solid case most consumer attorneys will take the case on "contingency" meaning they get paid by the Defendant when they win the case. You do not pay up front for representation. Keep in mind that much like personal injury that means you agree the law firm representing you may have a contingency fee of up to 40% of the winnings plus expenses. Read the retainer agreement VERY carefully before you sign it. I have a hard time convincing myself to pay for an attorney or in this case 40% if the matter is fairly simple. Are these types of cases difficult to maneuver? Im curious if the pro se plaintiff success rate is close to the same as a pro se defendant beating a debt buyer in magistrate court? 40 % is a nice chunk of change Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 3, 2022 Report Share Posted February 3, 2022 1 hour ago, Noreturn said: I have a hard time convincing myself to pay for an attorney or in this case 40% if the matter is fairly simple. Are these types of cases difficult to maneuver? Im curious if the pro se plaintiff success rate is close to the same as a pro se defendant beating a debt buyer in magistrate court? 40 % is a nice chunk of change FCRA cases are not as easy to win. 1. Along with proving that PRA violated the law, you must show that you were damaged by their violation. How did it specifically damage you? What risk of real harm could be possible? Absent injury or risk of real harm, you will not have standing to sue. See Spokeo, Inc. v. Robins (U.S. Supreme Court, 2016). 2. In order to receive the statutory award under §1681n of the FCRA, you must prove they knowingly and willfully violated the Act. If you can only show negligence, then that falls under §1681o, and you must be able to show actual damages. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 3, 2022 Report Share Posted February 3, 2022 2 hours ago, Noreturn said: I have a hard time convincing myself to pay for an attorney or in this case 40% if the matter is fairly simple. Are these types of cases difficult to maneuver? Im curious if the pro se plaintiff success rate is close to the same as a pro se defendant beating a debt buyer in magistrate court? 40 % is a nice chunk of change Adding to what @BV80 said, while you can file in Magistrate or State Court because you are alleging a violation of Federal Law PRA can file to have the case removed to Federal Court. If you filed pro-se no attorney will take over the case once it is in Federal Court as there is too much liability for them to do so. PRA knows you will be steam rolled by not only the expense of Federal Court but the rules you must strictly adhere to. The other problem with filing in your local courts is the Judges may have limited or no knowledge of the Federal laws you are seeking damages for and not be able to rule as accurately. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted February 4, 2022 Author Report Share Posted February 4, 2022 Yuck, doesn’t sound like fun. I’ll attempt to find an attorney who wants my case. I looked up Idaho rules for civil procedure and found that a case involuntarily dismissed ( by the court) after all evidence has been presented is considered “adjudication on the merits” = dismissed with prejudice Quote Link to comment Share on other sites More sharing options...
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