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Collector won judgement, but has reported the same account as in collections again

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charyot77
Regular Contributor

Collector won judgement, but has reported the same account as in collections again

I have a credit card account that was decided as a judgement against me.  The judgement is on my credit report.

 

However, I got an update from a monitoring service this week that the same collection agency is also including the account as a collection.

 

Is this normal? I feel like I'm getting dinged twice for one baddy.

 

Also - because it's a new report I think it will affect my credit score.

Message 1 of 9
8 REPLIES 8
john398
Senior Contributor

Re: Collector won judgement, but has reported the same account as in collections again

You can  almost guarantee it will affect your score , If this is/was the only blemish on your report the points will be significant.

Message 2 of 9
Anonymous
Not applicable

Re: Collector won judgement, but has reported the same account as in collections again

Was this a default or summary judgement? 

Message 3 of 9
charyot77
Regular Contributor

Re: Collector won judgement, but has reported the same account as in collections again

Yes it is a default judgement.  I wasnt in the country when they "served" me nor when the actual case was seen before a judge.  The default judgement happened about 2 years ago.

 

 

Message 4 of 9
Booner72
Senior Contributor

Re: Collector won judgement, but has reported the same account as in collections again

Hi - yep.  happened to me.  Had the judgment and the collections that I let get to the point of judgment both reporting.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 5 of 9
RobertEG
Legendary Contributor

Re: Collector won judgement, but has reported the same account as in collections again

It is both permissible and normal.

The reporting of a collection is the recordation by the debt collector in your credit file that they have been authorized to collect the debt, whether as an assigned agent of the owner, or as the owner themselves.  The reporting of a judgment reflects the means that had to be taken to pursue collection of the debt.  Separate matters that are each permissibly reportable to a CRA.

A collection is usually but one item in a string of separate derogatory reportings on the same debt.  First, the reporting of monthly delinquencies by the OC.  Then, possibly, a charge-off of the debt by the OC.  Then a collection, followed by a judgment.  These derogs compound, and dont override prior derogs reported on the debt.

 

Until the debt is paid, the debt collector can still continue their collection activities and report them to the CRA.  The collection will only be terminated if either their collection authority is terminated (which cant happen if they now own the debt) or if the debt is finally settled.

Message 6 of 9
charyot77
Regular Contributor

Re: Collector won judgement, but has reported the same account as in collections again

Thanks RobertEG.

 

That's my problem.  They already reported the debt in collections about 2 years ago just before the judgement, thats why I'm bothered that they are reporting it again.  That's two dings from then on collections. this account is my only bad and I was hoping I could get them to settle.

Message 7 of 9
Anonymous
Not applicable

Re: Collector won judgement, but has reported the same account as in collections again

That judgment can open some nasty inroads for them to start putting liens on property...starting garnishments...raiding bank accounts. Not saying they will do any of that...just beware.

Message 8 of 9
RobertEG
Legendary Contributor

Re: Collector won judgement, but has reported the same account as in collections again

Is it being listed in your CR as two separate collection accounts with separate designations, or is their current reporting simply a first reporting of their collection, or an update of its status or some other item of information under the same collection account?

 

One debt collector can only have one collection reported to the CRA on the same debt.  It is the same action (i.e, their authorized collection of the debt) by the same party.  If that is the case, simply dispute their reporting as an inaccurate duplication of their single action of collecting on a single debt.  Two collections will probably ding your score tremendously.

 

If their reporting is simply a first reporting of their collectin or an update under the same collection, that in  itself is not improper.  In fact, they are required to maintain the accuracy of their prior reporting, and if some event has occured under the collection that warrants an update, that is proper.  If it is a first reporting, that does not extend its date of inclusion in your CR.

 

Dates of initial reporting or updates dont affect how long the collection can continue to appear on your CR.  Regardless of when the collection was originally reported or updated by the debt collector, one single, date-certain determines when the collection must cease to be included in your CR.  That date is fixed by the DOFD on the OC account, and runs for 7 years plus 180 days from that single date.

Unless their reporting altered the DOFD of record in your credit file, that does not re-age its CR inclusion period.

 

What specifically did they report?

Message 9 of 9
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