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CA reporting discharged debt - can I have it removed completely?

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Divaofsongs
Frequent Contributor

CA reporting discharged debt - can I have it removed completely?

I am confused on something and would like clarification from anyone who knows...........

 

I have a collection for a medical debt that was discharged in my BK but it was posted for the 1st time, 2 months after my discharge. I disputed it and they ended up reporting it as a zero balance and IIB, but can I have it completely deleted since it was reported after my discharge date?

 

Also, the collections agencies show a "date assigned." Is this the same as the DOFD and used to calculate when the debt will drop off the CR or is it separate?

 

When it comes to collections, do they stay on for 7 years from the date the CA is assigned the debt or for 7 years from the DOFD with the OC?

 

One more question............I have a collection that was showing IIB and this month it suddenly reported as a past due account and the IIB status is gone now. Can they do that legally? I thought once a collection was reprted as IIB, it could not be changed back to an open collection. Is this true?

Chap 7 BK Discharge Aug 2013 (Initial CL/Current CL): Discover IT ($5.5K/$32.5K) Cap1 QS ($500/$30K) Amazon ($700/$8K) Barclay's MC ($1,300/$10.3K) Upromise ($500/$33K) Lowe's ($900/$13K) Sportsman's Visa ($17K) WF Amex ($13K) AMEX BCE ($10K) AMEX Gold NPSL - FICO's: All 740+
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StartingOver10
Moderator Emerita

Re: CA reporting discharged debt - can I have it removed completely?

If a collection suddenly appears after you have filed Bk and been successfully discharged, that is a violation of the discharge injunction.

 

You will need to do a direct dispute with the CA.  I had the same thing happen to me. I called the CA initially and got some phone jockey at the beginning that was uncooperative. I faxed a letter to the CA same date (I was furious but kept calm). I reached a *real* supervisor giving the dates of filing, the date of discharge, the case number, the fact that it was a violation of the discharge injunction and the collection was removed immediately from my credit reports and proof was sent to me the same day.

 

The key was getting to someone that understood that they could be paying me for their violation of the discharge injunction. So make sure you don't speak to the front line collectors - they know nothing.

 

If you can't get it off - then take it to a consumer attorney familiar with these types of violations - could be worth $1000 to you, plus the CA will have to pay  your attorney fees Smiley Happy

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