Did my DOFD change?

[Anonymous]

Had a loan that I defaulted on in March 2004. They won a civil judgement against me and garnished my wages. The loan was paid off in February of 2005 through wage garnishment (so I thought). I just had my credit pulled for a mortgage loan and they are still reporting a charged off balance of $773. If my DOFD was March of 2004 wouldn't this be gone already? It now has the DOFD listed as March of 2005.... after calling the courthouse, I found out that there was $20.00 that was never paid! My interest rate was 4.00%, so there is no way that can total $773.00!?!? This wouldn't have changed my DOFD, would it? The judgement isn't even showing on my reports anymore.

[winstars]

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@Anonymous wrote:

Had a loan that I defaulted on in March 2004. They won a civil judgement against me and garnished my wages. The loan was paid off in February of 2005 through wage garnishment (so I thought). I just had my credit pulled for a mortgage loan and they are still reporting a charged off balance of $773. If my DOFD was March of 2004 wouldn't this be gone already? It now has the DOFD listed as March of 2005.... after calling the courthouse, I found out that there was $20.00 that was never paid! My interest rate was 4.00%, so there is no way that can total $773.00!?!? This wouldn't have changed my DOFD, would it? The judgement isn't even showing on my reports anymore.

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I had an IRS lien where they garnished my wages. I knew the exact amount and when they reached the amount I was aware of and stopped the garnishment at that figure, I thought I was paid off. (LIKE YOU) But, in my case at least, I was wrong because whilst I was being garnished, INTEREST on the decreasing amount was still being added. Since it took almost 3 months to pay them "off" the new interest added up to like $175.00. I thought I was PIF for a YEAR until they took like $228.00 total on random a paycheck. So I got effectively an extra year added to my lien "sentence"...

Maybe that original $20.00 left over at the end was the interest being added while you were being garnished. How they got to that $773.00 is beyond me...

I am guessing you did not get a letter from them saying PIF after your garnishment???

Is this a case of your mortgage app bringing out CA scum  with old news knowing that the underwriter will want you to pay it off in order to proceed?? ? Which like always happens, or has it been on your report for a while and you just noticed it???

[Anonymous]

It has been on my report since then, but when I disputed it they came back with the updated DOFD. This WAS the only thing stopping us from a preapproval letter! The girl I have been talking to from the bank called me a few minutes ago and said that they have corrected the "error" and that it will be updated to show that the account has been PAID IN FULL!!!!! She apologized for the error, said that it has been electronically submitted to the credit bureaus and is faxing a letter to the mortgage lender as I type.....I'm pretty excited about that!

[winstars]

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@Anonymous wrote:

It has been on my report since then, but when I disputed it they came back with the updated DOFD. This WAS the only thing stopping us from a preapproval letter! The girl I have been talking to from the bank called me a few minutes ago and said that they have corrected the "error" and that it will be updated to show that the account has been PAID IN FULL!!!!! She apologized for the error, said that it has been electronically submitted to the credit bureaus and is faxing a letter to the mortgage lender as I type.....I'm pretty excited about that!

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Bingo!!! Now it's like who cares what happened, it is gone. 

Enjoy the new house!!!!

[Anonymous]

Thank you!!!

[RobertEG]

The only relevancy to the DOFD in your scenario is the date that the charge-off must be excluded from your CR.  DOFD has no relevancy to reporting of the judgment.

Your DOFD cannot change.  It is a date-certain fixed by FCRA 605(c) as the date of your first delinquency, after which the account was not brought back into good-standing prior to their charge-off.  Do you have evidence of your DOFD?

While the DOFD cannot change, the reporting of it can.  The reporting of a DOFD is strictly governed by the provisions of FCRA 623(a)(5).  If the OC previously reported the delinquency to the CRA, then FCRA 623(a)(5)(B)(i) requires that any DOFD reported must be the same as that reported by the OC when the delinquency occured.  To alter that date is illegal reaging under FCRA 623(a)(5)(B)(i).

A DOFD of March 2004 requires that the charge-off can no longer be included in your CR after 7 years plus 180 days from that DOFD.  FCRA 605(c).

That equates to September, 2011.  It should drop next month.

If you want to find the actual DOFD that is actually of record in your credit file, as well as the name of the party who reported it and the date reported, you can get this information from the CRA by sending a letter under FCRA 609(a)(1) and (2).  Such a request requires payment of a processing fee of $11.00.  Get that information from your credit file, and compare it with your records.