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Ccm352
New Member

debt lawsuit

I beat a credit collection agency/debt buyer in court for a credit card that i had defaulted on during the pandemic. Judge dismissed the case with prejudice. My question is can I now dispute this on my credit report and have it removed or do I have to wait until it falls off? I will probably see a 1099c out of this. 

Starting 3/1/17 TU 599 EQ 609 EX 613
Current:FICO 8: TU 683 EQ 688 EX 692
CC: Trumark signature 5000| Cap1 QS 3500| Wells fargo 2500| Cabelas 2000| Cap1 spark 2000| paypal mc 2500|cap1 Plat 300
Goal : 740 across the board
9 REPLIES 9
Horseshoez
Senior Contributor

Re: debt lawsuit


@Ccm352 wrote:

I beat a credit collection agency/debt buyer in court for a credit card that i had defaulted on during the pandemic. Judge dismissed the case with prejudice. My question is can I now dispute this on my credit report and have it removed or do I have to wait until it falls off? I will probably see a 1099c out of this. 


I rather suspect you'll have little luck in a successful dispute.

I categorically refuse to do AZEO!
Message 2 of 10
FireMedic1
Community Leader
Mega Contributor

Re: debt lawsuit

The day you win your case the debt collector should delete the credit reporting. Otherwise it is false credit reporting under several federal laws. You can send a dispute letter to the credit reporting agencies and include a copy of the complaint and the dismissal with prejudice.


Message 3 of 10
Horseshoez
Senior Contributor

Re: debt lawsuit


@FireMedic1 wrote:

The day you win your case the debt collector should delete the credit reporting. Otherwise it is false credit reporting under several federal laws. You can send a dispute letter to the credit reporting agencies and include a copy of the complaint and the dismissal with prejudice.


Even if the original creditor charges the debt off and sends a 1099-C?

I categorically refuse to do AZEO!
Message 4 of 10
Cowboys4Life
Frequent Contributor

Re: debt lawsuit

If the case was dismissed with prejudice ONLY and no verdict from the court was entered specifically stating you don't owe it then it was procedural only and they don't have to delete.  Was it dismissed on a technicality or they no-showed?  If they send a 1099-C they are supposed to delete but until they send it any dispute would be frivolous and cement it to your report(s).

Message 5 of 10
Ccm352
New Member

Re: debt lawsuit

Procedural. They didnt follow rules of civil procedure and the case law that I stated showed that the complaint that the plaintiff filed was incompetent and legally insuffucient. 

Starting 3/1/17 TU 599 EQ 609 EX 613
Current:FICO 8: TU 683 EQ 688 EX 692
CC: Trumark signature 5000| Cap1 QS 3500| Wells fargo 2500| Cabelas 2000| Cap1 spark 2000| paypal mc 2500|cap1 Plat 300
Goal : 740 across the board
Message 6 of 10
SouthJamaica
Mega Contributor

Re: debt lawsuit

1.  Welcome to the forum.

2.  I would certainly use the judgment of dismissal as a basis for filing disputes with the bureaus.


Total revolving limits 741200 (620700 reporting) FICO 8: EQ 701 TU 704 EX 687

Message 7 of 10
FireMedic1
Community Leader
Mega Contributor

Re: debt lawsuit


@Horseshoez wrote:

@FireMedic1 wrote:

The day you win your case the debt collector should delete the credit reporting. Otherwise it is false credit reporting under several federal laws. You can send a dispute letter to the credit reporting agencies and include a copy of the complaint and the dismissal with prejudice.


Even if the original creditor charges the debt off and sends a 1099-C?


Anything over $600 the IRS requires the 1099C for debt cancellation. Separate issue.

https://www.irs.gov/forms-pubs/about-form-1099-c 


Message 8 of 10
urban33
New Member

Re: debt lawsuit

Would you mind sharing the case law that got your dismissal?

Working on scores to qualify for first-time home purchase
3/29/16: EQ 624/ TU 612 / EX 646; Util 67%
5/4/16: EQ 665/ TU 650 / EX 676; Util 30% (lower util not yet reporting on all 3 CRA)
Message 9 of 10
FireMedic1
Community Leader
Mega Contributor

Re: debt lawsuit


@urban33 wrote:

Would you mind sharing the case law that got your dismissal?


Welcome @urban33 I'll ping @Ccm352 . They'll see the ping in notifications since they havent been here for a little while when they login.


Message 10 of 10
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