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Can a CA really do this? PLEASE HELP!

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New Member

Can a CA really do this? PLEASE HELP!

In 2001, I filed CH 13, IIB was a judgement filed in 1998 that had gone to a CA. Finally got BK13 discharged in 2006 and by that time the judgement had fallen off my CR including most of my baddies. This year my BK fell off as well. Finally I felt that my credit turning around for the better. Well, I check my CR and on my experian I find this negative account:

Creditors Specialty Serv
Address: PO Box 764
Account Number: XXXXJUDGEMENT
Address Identification Number: Not Available
Original Creditor: XXXX
Date Opened: 06/1998
Type: Collection
Credit Limit/Original Amount: $4,000
Reported Since: NA
Terms: NA
High Balance: NA
Date of Status: 12/2007
Monthly Payment: $0
Recent Balance: NA
Last Reported: NA
Responsibility: NA
Recent Payement: NA
Account History: Creditor cannot locate individual from Dec 03,2007 to Dec 03, 2007

What's up with this? Can CA that don't get there $$ add whatever they want on anyones CR? I believe that since this Judgement and its CA agent were included in my BK and was discharged properly, they should not be able to do this. Am I wrong? This really upsets me since this is the only negative left on my Experian CR. Can someone chime in and give me some advice on how to deal with this?
Message 1 of 11
10 REPLIES 10
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Valued Member

Re: Can a CA really do this? PLEASE HELP!

Ch.7's and Ch.13's are completely different so the information I am giving you is based on a CH.7 BK.  I had my lawyer send a letter to BoA regarding them trying to collect on a CC that was discharged in  my Ch. 7.  It stopped them completely and I didn't have anymore issues from them but it still stays on my CR from the date of my last payment to them.
 
First you need to check your list of creditors in your Ch. 13 report and see if they objected and if any monies were paid out to them.  In a Ch. 13 most of your creditors that are listed are paid a portion of the monies owed to them.
 
I would check with the firm that filed your bankruptcy.  they should have the best informtion regarding that specific judgment.
 
my judgment came back as - Satisfied through Ch. 7 BK and I never had another problem from them and that was a school tuition bill.
Message 2 of 11
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Established Contributor

Re: Can a CA really do this? PLEASE HELP!

No they cannot do that, it is your choice as how to contact them, but you need to tell them that this judgement was included and they will probably want your case #.
 
If they give you a hard time contact either your attorney or your trustee and have them send them a letter stating that it was included.
Message 3 of 11
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Moderator Emeritus

Re: Can a CA really do this? PLEASE HELP!

Is this under collections or public records?
 
If under collections, does it give a DOFD or say "this account scheduled to remain until XXXXX"
 
You may have to pull your report directly from the CRA to find this information or call the CRA and ask them for it.
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Message 4 of 11
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New Member

Re: Can a CA really do this? PLEASE HELP!

Thank you guys for your input. Sidewinder, this appears to be in the collection section on my CR with the following:

Status Details: This account is scheduled to continue on record until Dec 2014.

The CR does not state a DOFD. Both this judgement and my BK have both fallen off my CR. What I don't understand is at what point in time can these collectors stop dinging me? It seems to me this CA is doing this just to ding my credit. I checked my BK 13 and this CA was included in it and was paid its designated amount. I also don't understand why they also would put on my credit report: Status: Creditor cannot locate individual. They got PAID from my BK! Anyways, do you think the best appproach would be to DV the CA. What would be my best avenue to take on this? Thanks again guys for all your help!
Message 5 of 11
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Moderator Emeritus

Re: Can a CA really do this? PLEASE HELP!

I would DV them and dispute with the CRA the day they sign for the letter.  Scratch that thought.
 
ETA:
 
This is a situation that I haven't seen before. It appears to be re-aged. But since it is a collection for a judgment, I am not sure how that works.
 
It is paid, and was paid before placed on reports.
 
If drop date is Dec 2014, then they are reporting DOFD as Dec 2007, and your BK was discharged in 2006.
 
Let me sit on this and get back with you.




Message Edited by sidewinder on 06-16-2008 06:58 AM
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Message 6 of 11
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Senior Contributor

Re: Can a CA really do this? PLEASE HELP!

If the debt was included (judgment or not) in your bankruptcy and a settlement/agreement made, it is illegal (try contempt of court) for them to even attempt to collect.

As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.

How much was paid on this debt during your BK? Bear in mind, that if you did not pay this debt (or come to some arrangement/settlement) you could still be on the hook for it:

To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded.

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Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 7 of 11
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Valued Member

Re: Can a CA really do this? PLEASE HELP!

It looks like the judgment was renewed. When they renew the judgment, it resets the "file" date to the renewal date. If the judgment was obtained BEFORE your bankruptcy, then there is a chance it wasn't included. Also, if it was included, but you still did not pay or make payment arrangements, the creditor is allowed to renew, if your state allows, and it will stay on there for another 7 years, paid or not. If you pay it, it will drop off 7 years from the renewal, file, date. If not, they can renew it again, if your state allows. What state do you live in?
Message 8 of 11
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New Member

Re: Can a CA really do this? PLEASE HELP!

In response to Wonderin, I checked my BK 13 and found that the CA for this judgement was included in my BK 13, and was paid the amount as set in accordance with my WAGE EARNER PLAN. It would be my assumption that this debt since successfully discharged from my BK would thus release me from this debt.

In response to Saffyreblue, I reside in California. The judgement was obtained prior to my BK. Here is something I hope you can clarify. The judgement itself was not included in the BK itself, but the debt itself through the CA was. Does that matter? Also, the judgement was obtained in 2000. SOL for judgements, I believe is 7 or 10 years, so that would mean that it should fall off in 2007 as they correctly did on all my CR. So how can CA renew the judgement if it has past the SOL?

Thanks again for your input.
Message 9 of 11
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Senior Contributor

Re: Can a CA really do this? PLEASE HELP!



@tremat wrote:
In response to Wonderin, I checked my BK 13 and found that the CA for this judgement was included in my BK 13, and was paid the amount as set in accordance with my WAGE EARNER PLAN. It would be my assumption that this debt since successfully discharged from my BK would thus release me from this debt.

In response to Saffyreblue, I reside in California. The judgement was obtained prior to my BK. Here is something I hope you can clarify. The judgement itself was not included in the BK itself, but the debt itself through the CA was. Does that matter? Also, the judgement was obtained in 2000. SOL for judgements, I believe is 7 or 10 years, so that would mean that it should fall off in 2007 as they correctly did on all my CR. So how can CA renew the judgement if it has past the SOL?

Thanks again for your input.




If it was included in the WEP, then it's considered satisfied and cannot be collected upon (and they can't attempt to collect, either). The judgment cannot be renewed (which would be considered an "attempt to collect."), either. AFAIK, it can't be on your CRs unless it's reflected as "IIB" or "paid."

Write them a letter stating that this debt was discharged/satisfied in your BK and that it's a violation of law for them to try to collect from you. Or have your Atty write it (since it will obviously carry more weight!).

(For cites on this, please take a gander below
http://www.ncmb.uscourts.gov/opinions/docs/serge.PDF

http://www.idahocul.org/Leagueinfo/cameron/2001/sep01.htm

http://www.doney.net/faq_creditors.htm

Good luck!!!

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 10 of 11
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