Help with broken settlement

This could be long, bear with me. I will make every attempt to keep it short.

After several months of going back and forth, I filed a suit against XYZ Finance. XYZ Finance then settled for:

1. Deletion

2. Releasing me from claim on debt.

In exchange, I had to dismiss my suit with prejudice and agree to hold harmless XYZ from any further claim. There was also a non-disclosure clause.

The agreement was reached Dec 3, 2002. I filed a dispute on Dec 5 and the account was deleted from my EQ file on Dec 31, 2002.

On Jan 13, the tradeline reappeared. I called EQ and asked them to send me the FCRA required documents for relisting an account that has been deleted as a result of investigation. EQ told me that the account has never been deleted, it has always been there, so they dont have to provide the documents. I have CR's pulled 8 different times between 12/31 and 1/13 that prove otherwise.

Now, my questions:

1. Should I go after EQ for FCRA violations, as I think I can prove that they are in violation of §611?

2. Is the fact that I agreed to the hold harmless clause still valid, now that they have broken the settlement by relisting the account? Or can I have that vacated?

3. Is the Dismissal with prejudice still valid, since they violated the settlement terms?

4. Any other thoughts? Where can I go with this?

Redispute and it should vanish, assuming that the original creditor is not verifying it.

I was nto clear enough. XYZ re-reported the tradeline. There are several violations here, IMO

1 XYZ violated settlement by trying to enforce debt

2 EQ, after deleting during dispute, allowed XYZ to report previously deleted debt

Don't you have the Equifax deletion notice to prove that they DID delete it?

And, you DO have a violation of the settlement agreement. Unfortunately, I don't know what you can do about it. What Court did you file in?

They never sent a deletion notice. They just deleted it. I have the CR's (eight of them) with it deleted. They claim the dispute was verified on the 8th of January, but I got no notice either way from them. The tradeline just reappeared on my CR on the 13th with a reported date of 1/2003.

The court was the Florida NINTH JUDICIAL CIRCUIT. (small claims)

It seems to me that if they are violating the settlement, I can get the court to enforce it and possibly seek damages, but since when is the law fair? I will be doing research on this one.

Small Claims can't issue orders to have something done, all you can get is monetary relief.

So, short of getting a lawyer, I'd start by notifying them that they violated the settlement, reported the account again, and demand some monetary compensation along with immediate deletion.

Send them a notice to cure. Ideally direct it to their Office Of The General Counsel and maybe get a notarized "Proof of Service By Mail" form.

You may have to litigate.