topic Re: Need advice re: collection account in Rebuilding Your Credit

Need advice re: collection account

Workin4aLivn — Sun, 27 Jan 2013 00:26:14 GMT

I filed bankruptcy in July 2010, discharged in Nov. 2010. I had a utility bill in CA that was included in my bankruptcy. We are trying to buy a home and my husband now has a collection account from this utility company on his credit report. I know CA is a community property state. He wasn't on the account at the time, but is it possible that they discovered we were married and reported the debt to him? If so, are they allowed to report it as a new collection a year and a half later?

We did dispute it with the credit reporting agencies, but they say that it was verified as a valid debt. We weren't even still living in CA when this was added to his report, so I'm not sure what to do next.

Advice please.

Re: Need advice re: collection account

JM-AM — Sun, 27 Jan 2013 00:40:22 GMT

First thing to consider is how much is the debt?

If the debt is a minor number, you may have better results just trying to get a PFD.

Hopefully some one with more knowledge about Community State Laws will answer your question as I have limited to no knowledge to assist you.

Re: Need advice re: collection account

guiness56 — Sun, 27 Jan 2013 00:56:09 GMT

What type of bankruptcy?

If you live in a community property state and your spouse filed alone, your share of the community debts is also generally considered discharged.

Re: Need advice re: collection account

ando35 — Sun, 27 Jan 2013 01:11:45 GMT

I don;t know all the details here BUT I have heard that when you pay it off, that counts as date of last activity so it stays on L:ONGER. If you pay it, ask them to give you something in writing saying they will no longer report it to the credit agencies. That's pay to delete

Re: Need advice re: collection account

guiness56 — Sun, 27 Jan 2013 01:15:08 GMT

ando35 wrote:
I don;t know all the details here BUT I have heard that when you pay it off, that counts as date of last activity so it stays on L:ONGER. If you pay it, ask them to give you something in writing saying they will no longer report it to the credit agencies. That's pay to delete

Paying a debt will not make it stay longer. It doesn't go by the date of last activity, it goes by the DoFD.

Re: Need advice re: collection account

Workin4aLivn — Sun, 27 Jan 2013 01:20:04 GMT

I filed individual chapter 7 bankruptcy in colorado, the debt is from California, when we lived there.

Re: Need advice re: collection account

Workin4aLivn — Sun, 27 Jan 2013 01:21:34 GMT

The amount is very minor - less than $85 - just a HUGE annoyance

Re: Need advice re: collection account

guiness56 — Sun, 27 Jan 2013 01:31:40 GMT

If you filed and included the debt and the BK was discharged, the debt is paid. So, no, they should not be going after your spouse. It is illegal for someone to try and collect on a discharged debt.

Re: Need advice re: collection account

Shogun — Sun, 27 Jan 2013 16:48:36 GMT

+1 That is the purpose of a BK. After the debt is discharge it is gone, forever.

Re: Need advice re: collection account

ando35 — Tue, 29 Jan 2013 23:07:35 GMT

Bad marks fall off seven years after your last actiity.

Re: Need advice re: collection account

Kevin5974 — Wed, 30 Jan 2013 02:51:27 GMT

Send copy of BK and discharge paperwork to CA showing debt was discharged. That should have it removed from the report. Or at the very least, will change the notation that it was included in BK and is no longer owing.

Re: Need advice re: collection account

Tasksgirl — Wed, 30 Jan 2013 03:06:02 GMT

I PMed you :)