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New Member
Posts: 8
Registered: ‎01-26-2013
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Need advice re: collection account

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.

Valued Contributor
Posts: 3,302
Registered: ‎06-09-2010
0

Re: Need advice re: collection account

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.

Good Luck
May all your dreams and wishes become a reality!
Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Need advice re: collection account

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.

 

Frequent Contributor
Posts: 292
Registered: ‎10-05-2010
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Re: Need advice re: collection account

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:smileysurprised:NGER. 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

Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
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Re: Need advice re: collection account


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:smileysurprised:NGER. 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.

New Member
Posts: 8
Registered: ‎01-26-2013
0

Re: Need advice re: collection account

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

New Member
Posts: 8
Registered: ‎01-26-2013
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Re: Need advice re: collection account

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

Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Need advice re: collection account

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.

 

 

Moderator
Posts: 13,871
Registered: ‎04-15-2011
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Re: Need advice re: collection account

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



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Frequent Contributor
Posts: 292
Registered: ‎10-05-2010
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Re: Need advice re: collection account

Bad marks fall off seven years after your last actiity.

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