Reply
Established Member
TSB71
Posts: 28
Registered: ‎03-09-2013
0

Dissmissal with Prejudice-Can the CA continue to report on my credit report?

I have repeatedly disputed with Credit Bureau and original creditor (not referring to the dismissal originally)...they have continued to report.  Are they allowed to do this when I have a court dissmisal with prejudice.   I am not exactly sure what it means.


Starting Score: 594
Current Score: 601
Goal Score: 700


Take the myFICO Fitness Challenge

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

What was dismissed?  A judgment?  Why was it dismissed?

 

Dismissed with prejudice means they are barred from bringing action for the same thing.

Mega Contributor
RobertEG
Posts: 17,502
Registered: ‎03-19-2007
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

+1

A civil matter which is "dismissed with prejudice" is over forever. This is a final judgement, not subject to further action, which bars the plaintiff from bringing any other lawsuit based on the same claim. The dismissal itself may be appealed.

It is done when the judge determines that the plaintiff has brought the case in bad faith, has failed to bring the case in a reasonable time, has failed to comply with court procedures, or on the merits after hearing the arguments in court.

 

Since it was their action which was dismissed, I assume it was their attempt to secure a judgment.  The key would then be why it was dismissed.  Unless the basis related to the legitimacy of the debt itself or to their credit reporting, the basis for dismissal would not pertain to credit reporting issues.  It is not a carte blance dismissal of all matters pertaining to the account. 

 

Your prior dispute pertained to accuracy of credit reporting, so dismissal of their legal action most likely would not have a direct bearing.

It would mean they can't get a judgment ordering payment of the debt.

Established Member
TSB71
Posts: 28
Registered: ‎03-09-2013
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

Well actually, I had settled the debt.  I first got a paper that their order was sustained and then the final papers I got said it was dismissed with prejudice.   I wasn't sure what triggered those last 2 sets of documents.  When I first got served, I disputed.  Nothing happened, they sent discovery papers that I failed to respond to.  Nothing happened.  Then one day over another matter, I argued with the lady I had been dealing with....so they got a default judgement on those papers I had disputed.  I thought maybe it related to them not really having any documentation...as I never really saw any.   Anyhow, I just wondered if the CA is still allowed to report when it has been dismissed like that. I haven't received dismissal papers on anything else I have paid off.


Starting Score: 594
Current Score: 601
Goal Score: 700


Take the myFICO Fitness Challenge

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

If it was dismissed, no it should not be reported.  Dismissed is as if it NEVER happened.

Contributor
chevyman
Posts: 662
Registered: ‎03-16-2013
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

I had a judgement was paid in 11 by wage garnishment and now on courts website it says judgement satisfied and is not reported any more
Established Member
TSB71
Posts: 28
Registered: ‎03-09-2013
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

I've disputed multiple times and they always verify. I finally sent copies of dismissal to cRAs. I'm thinking about filing BBB complaint. The judgement isn't showing up but they are still reporting the trade line.

Starting Score: 594
Current Score: 601
Goal Score: 700


Take the myFICO Fitness Challenge

Mega Contributor
RobertEG
Posts: 17,502
Registered: ‎03-19-2007
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?

[ Edited ]

You were fortunate if deleted without being vacated.

Payment does not negate the fact of the public record, and it could continue to be reported in your CR,

A judgment, for example, must actually be vacated in order to remove it as a public record.

 

Somehow the CRA saw basis to delete, possibly because it was originally reported by the judgment creditor, and the judgment creditor chose to voluntarily delete its own reporting.

Many public records get into a consumer's credit file based on public record searches commissioned by the CRAs, not as result of reporting by the judgment creditor.  In that event, the judgment creditor cannot report deletion.

 

The CRAs dont regularly delete judgments once they are shown to have been satisfied.

 

As for the "dismissed" judgment, something is awry there.

Courts dismiss legal proceedings with prejudice during trial.  That infers that their action was dismissed, and thus no judgment was rendered.

If error was shown in a prior judgment, they would vacate, not dismiss.

What was the legal proceeding, and what exactly was dismiised with prejudice?

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Dissmissal with Prejudice-Can the CA continue to report on my credit report?


TSB71 wrote:
I've disputed multiple times and they always verify. I finally sent copies of dismissal to cRAs. I'm thinking about filing BBB complaint. The judgement isn't showing up but they are still reporting the trade line.

The judgment was dismissed so it shouldn't be showing.  Was the TL supposed to be removed?


myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+