Newbie please help

Discussion in 'Credit Talk' started by tkslush, Oct 1, 2010.

  1. tkslush

    tkslush Member

    Ok, so I got my case dismissed within 30 seconds of the hearing. The plaintiff didn't even show up but I didn't get it dismissed based on failure to appear. When the judge asked me how I pled, this was my response "Your honor, I would like to Motion to Dismiss based on no documentation or original contract included in the Summons." Before I got the rest of my defense out the judge said motions granted. Then I asked if he would dismiss it with prejudice and he told me no. But when I got the letter in the mail it didn't have the box checked where it says dismissed without prejudice, what does that mean? Also, my main question is, how do I go about getting this illegitemate debt off my credit report? Any help would be appreciated. Thanks. I'm from Pennsylvania if that makes a difference.
    Also, its almost halfway through the appealls time for them to try and appeal so i'm keeping my fingers crossed.
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Congrats!!! If the box wasn't checked, then I would take that to mean it was filed as "dismissed with prejudice", which is great for you. You might want to follow up with the court to confirm.

    Now, take the documentation you have and submit it in writing (CMRRR) to the CRAs requesting complete deletion of the bogus information.
     
  3. tkslush

    tkslush Member

    how about i went to the courthouse and the clerk had no idea if it was with prejudice or not, she just stated it was dismissed. Also, is there anyway to get a sample letter to look at before submitting to the Credit Reporting Agencies?
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    There are some dispute letters you can view in our "Sample Letters" section, but you're better off writing a short and concise letter in your own words. Keep it simple- just request that the entry be deleted and provide the court documentation too.
     
  5. tkslush

    tkslush Member

    just recieved a letter in the mail, that i am now being included in their class action lawsuit about the protection program capital one is being sued about. all i can say is this is starting to look better now. i have to wait and read the letter my brother emailed me, it was sent to my parents' house even though capital one knows my address but i think it was sent by settlement administrative so they probably don't have my new address. yay! anyone involved in that program needs to join this class action lawsuit!!!!!
     
  6. RickHarley

    RickHarley Active Member

    Thanks for this interesting solution!
     

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