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CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?

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conceptmat
Established Member

CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?

I had a dental bill for $80 back from few years ago. Last Summer 2012 I filed for BK Chapter 7.

 

About February 2013 I received a letter from collection agency that they would like to collect this debt. I told them that this was supposed to be discharged and per their request faxed them the discharge letter. I have a record of fax being sent to their number, marked as successfully received.

 

Today I checked my credit score and it plummeted to 548 from 649 from last month. I acquired a report and of scores this collection shows as current, as account opened in 2/2013. I called the collection and asked why did they reported this as new debt. They said that they do have a record me calling but they did not receive my fax. I sent them another one today and they said they would change the Credit Record to "discharged"

 

My question is, did they even have a right to report a new debt in 2013 while knowing that it is old debt that has been discharged in BK last year?

 

How to get them to delete this record completely? They wouldn't agree on the phone stating that they never received a fax and not caring that I have a record of sending them a fax.

 

Can I sue them for this? 

 

Will the extra collection record, even after it shows as discharged next month, be negative to my fragile new score after BK?

 

Thank you very much for reading, I hope to hear some advice

Message 1 of 5
4 REPLIES 4
Shogun
Moderator Emeritus

Re: CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?

Well it all depends on the debt.  If they had received it and had collection authority before it was discharged then they can report it as IIB.  However if they received collection authority after it had been discharged, they would not be able to post it to your CR because there would have been no debt to report.

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Message 2 of 5
RobertEG
Legendary Contributor

Re: CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?

+1

Message 3 of 5
conceptmat
Established Member

Re: CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?

Yes, they received it after the debt has been discharged (in Feb 2013)

 

What are my options? What should I say/write?

 

Should I sue them for reporting wrong info? 

Message 4 of 5
Cheryla18
Established Contributor

Re: CA reported new debt that has been discharged last year in Bankruptcy. How to deal with them?


@conceptmat wrote:

Yes, they received it after the debt has been discharged (in Feb 2013)

 

What are my options? What should I say/write?

 

Should I sue them for reporting wrong info? 


I don't know all your options but I'm pretty sure you can file a complaint with the BBB and FTC.  Did they send you documents as to when they recieved the debt? I would think even if it was sent to them before the bankruptcy....that the date should reflect that and not the 2013 date it's currently showing..

Current as of 3/21/18 EQ 609 TU 619 EX 628
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Message 5 of 5
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