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Armchair Lawyers what do you think?

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coterotie
Established Contributor

Armchair Lawyers what do you think?

I had a Cap1 card.  Started with a low limit, they gradually raised to 1,800.  Katrina hit, income was cut in half, then completely when laid off.  So I defaulted.  Eventually Cap1 hired a lawyer who sued right before the original SOL (3years imo) (in Alabama there is some debate on CC debt.  Debtors and their lawyers argue for 3years, creditors argue for 6 years).  However he failed to show up in court and the judge eventually dismissed the case.  That was 4 years ago.  The account is scheduled to age off in either April or August (each bureau reports the dofd differently).  I would like to get it off immediately as I will have completely cleared my report of every negative item once this and an Orchard are off.  (CFPB is helping on the orchard)

 

So my question is 2 parts:

  1. Can I send a copy of the order dismissing the case to the CRA's and have it removed completely now?
  2. Will they verify with Cap1?  Don't want to risk them trying to rebring the case. It has been more than 6 years from DOFD, but less than 6 from the suit. I don't remember whether it was dismissed with or without prejudice.  I'm getting a copy just to have it handy in my file.  It's easy to obtain copies from the local law library if necessary.

My score has been a little sticky lately and I'm just trying to figure out why.  Hence the push to completely eliminate anything remotely smelling negative even if technically it has a very minor impact on score.

 

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Armchair Lawyers what do you think?

Their action was dismissed.  It never went to trial, and thus there was no determination as to the validity of the debt.

 

Any dispute to the CRA would be requred to document some inaccuracy in their reporting.  The dismissial of their action seeking a judgment does not establish any inaccuracy.  The CRA could, and probably should, dismiss any such dispute as lacking a showing of an asserted inaccuracy.  They would not be required to forward the dspute to the furnisher.

 

Even if they did forward to the furnisher for their investigation, the creditor need only investigate your dispute and respond to the CRA that they verify its accuracy as reported.  They need not prove the accuracy.

 

Your option, should you want a court determination as to invalidity of the debt, would be to bring your own legal action and prove the case on the mertis.

If you prevailed, you would then have basis for deletion of their reporitng.

 

Message 2 of 6
pizzadude
Credit Mentor

Re: Armchair Lawyers what do you think?

 

What is it that you are trying to have removed from your reports?   Is it the CAP1 original account tradeline?    You mentioned their suit was dismissed so there shouldn't be a judgment on your reports.  

 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 3 of 6
coterotie
Established Contributor

Re: Armchair Lawyers what do you think?

No judgement just the tradeline.  I think Robert got it right, so I'll just sit back and wait.  Best case it comes off this month, worst case August.  Thanks for helping me noodle through it clearly.

 


@pizzadude wrote:

 

What is it that you are trying to have removed from your reports?   Is it the CAP1 original account tradeline?    You mentioned their suit was dismissed so there shouldn't be a judgment on your reports.  

 




Message 4 of 6
pizzadude
Credit Mentor

Re: Armchair Lawyers what do you think?

 

Ok, got it.   I would tend to agree that the lawsuit dismissal doesn't preclude Cap1 from reporting the original account tradeline.

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 5 of 6
Shogun
Moderator Emeritus

Re: Armchair Lawyers what do you think?

Disclaimer...  "I'm not a lawyer"...  Smiley Happy  But I agree with Robert and pizza on this one.  There are two different issues here and they don't intertwine.  You had a debt go unsatisfied that they started to get a judgement for but failed to do so.  You have a baddie on your CR.  It wouldn't change the CRTP, so it would be excluded when the time has expired.   Hopefully it's the 7 years and not the +180 days.

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