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I have been battling this CA and their suppose attorney LVNV Funding and Lustig Wilson and Glaser (or whatever their scamming names are) and his frivilous company for the past 7 months for a debt I do not believe is mine. I acutally applied to be a paralegal at their company before I knew who they were. Right after my interview a they filed a small claims against me right whenr I realized who they were I sent my DV letter. Right when I mailed the DV letter I recieved a small claims summons. Shortly after, I submitted a complaint to CFPB and they won't touch it because it is in pending litigation but the thing is, it is past the 6 year (as of this month) statue of limitations. I also do not remember opening up an credit card account at the time (as I just had a baby at the time they said I opened an account..that I do not recall at all) that is reported on my credit report. I was able to dispute it on my TU EQ and got the item deleted. Now my question is, can they still sue me even though the 2 credit agencies deleted it from my report? As of January it would be 7 years and it would be wiped off. The court date is in December. Experian won't let me dispute it online. I am going to mail my dispute but the court date still lingers. What are my options regarding the court date?
If they have filed a civil action, only the court can address whether the action can be dismissed.
Any deletion by a CRA would be the result of an admin proceeding, not a legal finding that the debt was not valid, and thus would not be basis per se for dismissing the legal action. CRA reinvestigations are based on whether there is reasonable basis for verification, and are rarely based on a full discovery and consideration of all factual evidence. That is the purview of the courts, not of an admin dispute proceeding conducted by a CRA.
Whatever facts were considered in the reinvestigation may be relevant or even determinative of the validity of the debt, but that would be an issue for the court.