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I won a suit against Midland funding with Prejudice because they did not bring any evidence to court. I noticed on Credit Karma that Midland funding went from closed to now in collections since the suit.
What do I need to do to permanetly get them off my credit report. My credit score dropped 25 points since they are in collections again.
Can I sue them for FDCP? What steps do I have to take?
@KingAcro wrote:I won a suit against Midland funding with Prejudice because they did not bring any evidence to court. I noticed on Credit Karma that Midland funding went from closed to now in collections since the suit.
What do I need to do to permanetly get them off my credit report. My credit score dropped 25 points since they are in collections again.
Can I sue them for FDCP? What steps do I have to take?
The 2 issues here are seperate. The lack of them getting the judgement does not predicate them removing anything from your CR. Let's say that you won a case by stating the SOL was expired. If the CRTP had not reached the 7 year mark, it could still report, even though they can't sue you.
Same goes here. They didn't have the information that was required to get the judgement, it does not mean the debt didn't exist and it could still stay on your CR. I don't see a FDCPA violation here.
Actually, when you get the dismissal with prejudice, the case has been decided "on the merits" and you do not owe ANYTHING at that point. The court has ruled in your favor and the losing party has NO recourse of any type (other than appeal) . From case law, the debt is extinquished and you can request that it be removed from CRA and they must (and usually will without any prodding0 remove it.
Note, this only applies to "With Prejudice" orders.