In September 2003 I was summoned to court for a collection account. I owed approximately 1500. Thanks to your advice I fought this and filed my complaint using three different reasons. 1-They had the wrong person (my brother accrued these charges), SOL and the ca never showed proof of the debt. The first time I went to court the CA did not appear. The judge rescheduled and one month later the CA failed to appear as well. The clerk in the courthouse told me the CA had dropped the case. Now my question is, can I get this collection account off of my credit report using the letter that was sent to me from the courthouse showing the CA dropped the case?
Good question. Can the CA just drop the case, yet refile in the future, indefinitely? What can a consumer do to force a decision that an account is not his, and must be removed from all reports?
Is their tradeline on your CR? Did you request validation, and did they provide any? Did their validation show that the TL was not yours?
If the TL is still on the CR, they are still "collecting" whether or not they dropped the suit. 1) Request validation, 2) dispute thru CRAs, if TL is not removed, 3) show damages, and 4) sue for false reporting. If you already did (1), jump to (2).
If the account is actually past SOL, there is an easier solution. Go to WhyChat's web site, http://whychat.5u.com/ Get his Time Barred C&D letter. Pop it into your Word Processor. Find the actual cite for your states SOL, and fill in the blank. Then dispute the account with the CRAs if it is not deleted after the CA received the Time Barred C&D. WhyChat even has a special dispute letter for this circumstance as well...
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