Frederick J. Hanna

[Anonymous]

I recently went to court (2 weeks ago) for a charged off credit card.  Frederick J. Hanna was the collection agency/law firm that was suing me.  The case was dismissed but Frederick J. Hanna has the option to refile on me again.  Yesterday I received a notification from myFico that the account had a balance increase.  Question...am I able to dipute this and have it removed from my credit report because they lost the case.  The OC was Washington Mutual/Providian and the account was charged off and closed.  FJH is listing it as if I opened a credit account with them (which I did not).  If its a collection I am confused to why its not listed under "collections" on my report.  FJH has it list as if I opened a credit card with them.  I have the documents from the court house showing that the case was dismissed.  So do I have a legal right to dispute at this point due to the fact that FJH didnt prove their case. 

[chasmith]

If the case was dismissed without predjudice (which I infer from your statement that Hanna can refile), then there was no court finding against them and they can continue to assert you owe a debt.

A final judgement against them would be unassailable proof you don't owe.  Even a dismissal with predjudice doesn't mean they can't claim you owe, it just means they can't use the court to try to collect.

[llecs]

To add, sometimes a CA (which is what Freddie J  Hannabobanna is) will report in the Account section of your report. I've seen this a lot, but the more I look and read into it, I feel that it isn't the CA's fault. I believe it is a reporting glitch by the CRAs (happens mostly with EQ...others like that are LVNV, Midland, and so on). This CA might not have any control on how it reports (per this). Score-wise, it is still scored as a CA. There's no difference where it reports since FICO looks at the worst delinquency, which is the CA itself. Under a manual review, lenders would still see it as a CA.

Did you DV them yet? If so, what did they say? If not, send one ASAP CMRRR. If they verify and you agree, then send a PFD. If you don't agree, then contact the OC (Chase now) and get info from them before taking any future steps.

Ditto to the prev. poster. IMO, this CA can still report despite the dismissal.

[Anonymous]

---

@chasmith wrote:

If the case was dismissed without predjudice (which I infer from your statement that Hanna can refile), then there was no court finding against them and they can continue to assert you owe a debt.

A final judgement against them would be unassailable proof you don't owe.  Even a dismissal with predjudice doesn't mean they can't claim you owe, it just means they can't use the court to try to collect.

---

+1

[Anonymous]

Sorry LLECS...I am so new to this.  I have no idea what "DV" means.  so no i will answer no to that question. and also I am unclear what CMRRR and PFD mean.  Sorry that I am so green to the abbreviations.

[MarineVietVet]

---

@Anonymous wrote:

Sorry LLECS...I am so new to this.  I have no idea what "DV" means.  so no i will answer no to that question. and also I am unclear what CMRRR and PFD mean.  Sorry that I am so green to the abbreviations.

---

We easily forget that new members have no idea what all these acronyms stand for. 

Here is a list of Abbreviations used around here.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[Anonymous]

i did send a DV to Frederick J Hanna and never received one.  When we went to court the lawyer stated that Washington Mutual/Providian (which is now Chase) never sent the documents.  and that is why the case was dismissed without prejudice.  I am not sure if they will refile or not.  but i guess nothing can be done about them reporting monthly to my credit report.  I guess at this point the SOL will be 2012 with the OC and maybe at that point I can request that FJH stop reporting to my credit profile.

[chasmith]

FJH is required to accurately report the DOFD, which comes from the first time you were delinquent and then never became current with the OC.  It's worth the effort to verify that is correct now, so the reporting from FJH will fall off properly next year.

[Anonymous]

---

@Anonymous wrote:

i did send a DV to Frederick J Hanna and never received one.  When we went to court the lawyer stated that Washington Mutual/Providian (which is now Chase) never sent the documents.  and that is why the case was dismissed without prejudice.  I am not sure if they will refile or not.  but i guess nothing can be done about them reporting monthly to my credit report.  I guess at this point the SOL will be 2012 with the OC and maybe at that point I can request that FJH stop reporting to my credit profile.

---

There may be some confusion here between SOL (statute of limitations) and CRTP (credit reporting time period). 

With very limited exceptions, the SOL has nothing to do with how long an item may be reported on your credit report.  The SOL deals with how long the creditor can sue you.

The CRTP deals with how long derogatory items may remain on your credit report.  Generally speaking, the negative data can remain for 7 to 7.5 years from the date you first went delinquent (DoFD).

What state are you in?  When did your account first go delinquent?  What type of debt is it?