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Need Advice - Post Discharge Collection Added to My Credit Report

Valued Member

Need Advice - Post Discharge Collection Added to My Credit Report

My husband and I filed for CH 7 in March 2017. Originally, we planned to stay in our apartment until the end of the lease in September. After the initial filing and about a week prior to the 341 meeting, we decided it would be best for us to leave as we couldn’t afford the rent anymore. Our attorney filed the paperwork to include our leasing company in the bankruptcy.

 

We had our 341 meeting in April and we were discharged in mid June. Two days later, I get a call from a collection agency attempting to collect on a debt owed to the apartment complex. I told the woman from the collection agency that this debt was included in the bankruptcy and I had just been discharged. She took my attorney’s information and coded the account as bankruptcy. I have not heard from the collection agency since.

 

Today, my credit karma report updated and now there is a new collection reported. It is from the collection agency and is listed as open with a balance owed.

 

Other than disputing this with the credit bureau, do I need to do anything else?

 

Is it even legal to report a collection after a discharge?

 

Thanks in advance for any help you can provide.

Message 1 of 13
12 REPLIES
Community Leader
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

No, it is not legal to file a collections on your credit report for a debt discharged in bankruptcy, that is an attempt to collect a debt discharged by a federal judge, a federal offense. And since you already told them you included it in your BK and gave them your attorney's info, I'd contact your attorney - he can collect a large fine against them or you. If you just want the collections off your report call them and tell them they have 24 hrs to remove it before you take the action I suggested. They sound like slimeballs thinking they can bully you into paying.


Fico 08: 720/721/719 TU/EX/EQ
Message 2 of 13
Community Leader
Super Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

Id have your attorney contact them. Its totally against the federal BK laws for a creditor to try and collect in any way after a debt has been discharged. Your attorney can actual turn around and file suit against them , and you'd win.
(BK7 d/c-08/2013/FICO-400's) ~ 07/2017 FICO 08- EQ-669, TU-676, EX-681
Scores being held down by tons of INQ/New acts Smiley Wink
Message 3 of 13
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

Hire a  consumer attorney you will pick up $1K and they pay the attorney fees for both sides and its gets removed.  

Message 4 of 13
Valued Member

Re: Need Advice - Post Discharge Collection Added to My Credit Report

Thanks for the reply. When the collection agency first contacted me, I called my attorney. The attorney seemed somewhat confused about what I was saying. She said that she wasn't sure about whether or not they could add it to my credit report but that they couldn't collect on it. She told me to dispute it if it was added. I asked her partner about other credit report matters in the past and he said he knew nothing about credit reports and such. As a result, I don't have much confidence in them when it comes to credit matters. I think I'll send them an e-mail again now that the collection agency actually added it to my report but I have a feeling I'll need a consumer attorney.

Message 5 of 13
Valued Member

Re: Need Advice - Post Discharge Collection Added to My Credit Report

Thanks for the reply.

 

I asked my attorney about this but she didn't really have an answer for me. I also asked her partner about other credit report matters in the past and he said he knew nothing about credit reports.  I think this may be out of their scope unfortunately. I'll send them an e-mail again now that the collection agency actually added it to my report but I think I will need to talk to another attorney.

Message 6 of 13
Valued Member

Re: Need Advice - Post Discharge Collection Added to My Credit Report

I'll be looking into that next week. Thanks for your help.

Message 7 of 13
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

The majic word is CONSUMER ATTORNEY. If you have any problems finding one PM me.  I dare say  over the past few years  my wife, Mrs. Backwoods has made over $5K via consumer attorney because of  FDCA  violations because people were looking for another person with a very similar name, almost same birth date, same occupation and lives within 100 miles of us.   DW is also on webrecon list , That is list of people who are known to regularly sue JDB and collect judgements against them .   It is actually interesting because DW, the "real" Mrs Backwoods has very good credit and scores but the other "fake"  Mrs Backwoods has terrible credit and DW gets letters and calls for the "fake" all the time. 

Message 8 of 13
Community Leader
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report


Backwoods wrote:

The majic word is CONSUMER ATTORNEY. If you have any problems finding one PM me.  I dare say  over the past few years  my wife, Mrs. Backwoods has made over $5K via consumer attorney because of  FDCA  violations because people were looking for another person with a very similar name, almost same birth date, same occupation and lives within 100 miles of us.   DW is also on webrecon list , That is list of people who are known to regularly sue JDB and collect judgements against them .   It is actually interesting because DW, the "real" Mrs Backwoods has very good credit and scores but the other "fake"  Mrs Backwoods has terrible credit and DW gets letters and calls for the "fake" all the time. 


I think you used the wrong acronym, I googled it as I was curious and "FDCA" concerns violations of the Food & Drug Admin, FDA. I was curious as I get collection calls & letters regularly for my sister who has terrible credit and is always dodging creditors/collection agencies. They have to know I'm not her, her first name is Mary and mine is David, she's 9 years younger and lives in Ohio and I'm in AZ. But apparently Nexus/Lexus has that we shared the same address in the 1980s, our parents' address. I know because Barclays once asked me a question about her in a security challenge. I freaked out & posted on MyFico and was told it was probably Lexus/Nexus connecting us with that same address so long ago. In addition to that, our last name is very uncommon, most people in the US with that last name are relatives. I think the collection agencies are just hoping they get lucky and I'll take of it for her. Been there, done that, but no more.

 

But I don't think you can take action against anyone for collection calls/letters, only if they try to mess with your credit report.


Fico 08: 720/721/719 TU/EX/EQ
Message 9 of 13
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

FDCA  Fair Debt Collection Act. Many  of the letters any calls violate the act.  We have $5K in cash as settlements that prove it. People don't just give away that much money.  Also when call your cell phone without concent  the violate another law good law good for more money. 

Message 10 of 13