New collection showed up after discharge ADVICE NEEDED

[vtguy25]

I was discharged from BK7 in Nov 13' and everything has reported correctly and somethings have fallen off as well.  But I had a new collection account show up in April for the same amount as a Comcast bill that was discharged.  It says on the account SW CRDT SYS and that the first date it was delinquent was 12/13 AFTER I was discharged.  Obv it looks like another company sold this debt to SW but I want this off of my report because when it did show up it knocked my score down like 35 points!!! So I called the company and told them I filed BK but nothing has been updated so I don't know what I can or should do..... They can't legally report this can they it was discharged before they even got the collection right??.  Anymore info needed please ask I want it gone because I really need to do a car refi hoping for the end of the summer.  Thanks again for all the help!

[ezdriver]

That company is likely committing a discharge injunction violation. Just calling them ain't enough. Send them a letter demainding that the item be removed and attach a copy of your debt schedule and dicharge documents. Send the same to the credit bureaus. Alternatively, retain an attorney to do this for you.

[StartingOver10]

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@ezdriver wrote:

That company is likely committing a discharge injunction violation. Just calling them ain't enough. Send them a letter demainding that the item be removed and attach a copy of your debt schedule and dicharge documents. Send the same to the credit bureaus. Alternatively, retain an attorney to do this for you.

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^^^Agree with EZ.

Debt discharged in BK is sold to collection agencies. It is supposed to be uncollectable because it has been discharged but apparently it is big business. Good thing you are keeping an eye out on your CR. Once they receive the letter showing the debt was discharged (prior to their purchase) they have to remove it from your CR. If they don't you can collect against the CA in court.

[gdale6]

If this was included in your BK discharge the date they got the collection is irrelevant and reporting it is a violation of the automatic stay. You can also notify the BK court that oversaw your case of the violation and let them force it off, believe me it will be gone if you go the BK court route.