Now that I won my lawsuit against Midland Funding, they took the collection part off my report (I didn't ask them to) and moved it to an open account with 120+ past days late with a minimum and maximum amount listed. Does this mean I can sue them now and how do I get this off my CR? This is a $10K debt I got to get ride of. Thanks for any advise.
Just curious...how did you "win"? What is it that they did wrong? Just asking so I'll know what types of things to watch for.
They could not supply any validation like account details or transactions info so they had to file an Order of Nonsuit.
Just to clarify but, a "non-suit" is not a win. Sounds like this happened in VA insofar as that is the only jurisdicton I'm aware of with uses this language still but, that is merely a voluntary dismissal. It is not with prejudice which means they can re-institute the civil action against you at anytime. It is a procedural manuever rather than a disposition upon the merits. In any event, you "could" sue Midland under the FDCPA for misrepresenting the character and status of the debt for the way in which they're reporting. You'd be well advised to dispute it through the credit reporting agencies and attack the status and account type fields. You may delete it and if not, you'd also have FCRA violations.
