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Hello
i hope that everyone is doing fine today.
i have a question. i have a dept store account that has not been paid on in 3 years!! since i am planning to file a chapter 7. i called them up and ask to speak to there credit dept. my account is still on there site after 3 years of non payments and there still charging me fee's. so i asked the lady what happened to my account as far as who owned it if they did or if it was sent off to a collection agency. so she tells me that it was sent off to a collection agency after they wrote it off. now if they wrote it off as a profit and loss. should there not be any more fees added to the account and if it was sent to a collection agency should it not even be on there system what so ever?? and is this legal or is it a violation??
If you are filing Ch 7 it doesn't really matter as the account will be iib and zero balance. Doesn't matter if you discharge a dollar or a million dollars....it reflects zero in the balance when you get discharged.
Taking a charge-off is an internal accounting measure that removes the debt as a receivable asset in their books.
It does not negate the continued obligation for the full debt, or the continued delinquency status.
Additional amounts, such as interest or fees, can still be accrued provided they are authorized in your account agreement that created the debt.
Sending to a debt collector does not mean it was sold. It could only be an assignment of collection authority.
Even if sold, the OC account reporting would not be required to be deleted. It would only be required to update by reporing a current debt balance owed to them of $0.
The reporting of derogs, including the charge-off, can properly remain in your credit file/report.