Just an update on the on going lawsuit. IT HAS BEEN DISMISSED!!! Although the case was scheduled to be heard on the 12th, I did some research, and contacted the plaintiff's attorney directly, and explained how this debt was covered under my BK filing from '98, and that since he was in violation, I was going to file a counterclaim. I then faxed him a schedule of creditors listing the ca for the account in question. He backed off rather quickly, and after about 3 hours called back and informed me that he would be filing a motion for dismissal, and would fax me a copy of the motion out of "courtesy." I have not received the official "filed in open court" stamped copy as of yet. I guess all I can say is thanks Breeze, and all of the other CNetters out there that helped out during my mini crisis. I have been working hard to improve my scores Post-BK and have seen my TU Fako Score go from the high 400's to 622 in a little over 5 months time. My EQ is at 639, from the low 500's and my EX is at 637 (also from the low 500's.) PolarisA3
That is wonderful news! Good for you for following through and not letting the thought of being sued scare you half to death. You must be very happy over this outcome Congrats! L
Fantastic! Follow up and make sure they file it with the court. These slimey types have been known to do the opposite - not obther to have it dismissed and get a judgment by default, that you never even know about. Don't take them at their word. I know - it happened to me a few years back.
Breeze: Thanks I will call the clerk's office today. Thanks for the heads up. To the rest: Thanks for your support. PolarisA3
I called the court and guess what? They still have scheduled for 9am in the morning. They have not received a motion for dismissal, so I call up the attorney for the plaintiff, and stated that they would take care of it in the morning. So, now it looks like I'm going to have to take a day off work and get all of my documentation together. Any advice? PolarisA3
Didn't mean to keep everyone in suspense.... anyways this is what happened... Per everyone's advice, drove back to Indiana and appeared in court. I had dressed for the occasion, and as a result the clerk thought I was an attorney, and treated me extra nice (made everyone sitting at a attorney's only table get up and leave so I had time to review my documents ) went in with all my documentation organized and ready. I had even practiced what I was going to say, and how I was going to say it, but as it turned out, it was all for naught as he filed a motion to dismiss the case as soon as everything started, which was approved and signed by the judge. IT'S FINALLY OVER AND I WON!!!!! THANKS CREDITNET!!!! Various Observations: I think they sent me the unfiled form so that I wouldn't show up. Had I not shown up they probably would have filed for default judgement, thus making my life much more difficult. Since I showed up, and they knew they didn't have a case so they filed the motion to dismiss. They probably had two documents drawn up for each scenerio. So the lesson I've learned is always show up prepared and ready, never take the word of an attorney or CA when going to court, and above all DO YOUR RESERACH BECAUSE IT'S FOR REAL, THERE ISN'T ANY VERIFICATION...IT"S YOU VS THEM AND YOU BETTER KNOW WHERE YOU STAND BEFORE YOU GO TO COURT. Thanks Breeze for stressing that point to me. PolarisA3
I wondered if that wasn't their tactic when you said the courthouse said that no motion to dismiss had been filed. That's a new low, telling you it's been dismissed but not actually dismissing it and hoping you wouldn't show up for court so they could get a default judgement. ewww, i feel all icky just thinking about it.
I personally think, for your time and trouble, this attorney should receive a Christmas card in the form of a complaint to his/her local bar association.
Good idea, I think I'll do that. I found out also after the fact that this attorney runs a CA as well. To think the attorney I hired to represent me for my BK was associated with this sum. Well at least it's over. Now to battle EXP. Every month I have to have them change the status of my RNB Marshall Fields from Charged Off to Included in BK, which is keeping it current, which is causing my score to tank (627 with it being reported as chargoff/past due, 637 with being reported as included in BK.) They have the paperwork, they change it in the system, but RNB keeps reporting the account every month. So, I'm at my wit's end with EXP. I've called RNB-Marshall Fields, with no success. I think I'm going to CRRR my schedule of Creditors to RNB to show that they *were* included in BK. PolarisA3 They're coming to take me away he he ho ho to the funny farm....
If this were happening to me, I would go after the creditor. Aren't they violating the permanent injunction? You should ask a bk attorney if you can file a motion for contempt against them. I've noticed a lot of bk attorney's also handle FCRA and FDCPA matters, so perhaps you could get someone to handle it on contingency. I'm not sure about your district, but there are some districts where you don't even have to re-open your bk case to bring a motion for violation of the permanent discharge injunction.
I am so glad things worked out for you! As others have already said, don't let fear prevent you from defending yourself. Take charge and watch how fast the enemy scatters!! Great job!!
PAE: What is cloaking an account? It is where the CA basically locks the account from being updated? I'll talk to my BK Attorney in the morning to see what he has to say about the RNB account, never thought about using the contempt of court approach, good idea. PolarisA3
Cloaking is when the CRA will not allow changes to the account or it is hidden in their system so to speak... or you could go the lawsuit route.
