cancel
Showing results for 
Search instead for 
Did you mean: 

Collection reinsertion

tag
Anonymous
Not applicable

Collection reinsertion

I disputed a account with LVNV a year ago and it was deleted. I just receive a collection bill from them on the same account I got deleted a year ago. What can I do to fight this again since it been a year I deleted
Message 1 of 8
7 REPLIES 7
pipeguy
Senior Contributor

Re: Collection reinserted

Although you didn't offer any details on the debt, the fact that you managed to get the tradeline deleted does not mean the debt goes away.

 

Although I have no love for LVNV by any means as a company, they can continue to try to collect a debt they believe is valid even after the statute of limitations has expired (even the SOL just means that if a debt collector files suit against you for the debt you have a defense - that is that the suit is invalid due to the account being time bared). Note too that LVNV has a variety of companies they collect under - google Sherman LLC.

 

You might also google zombie debt which you can generally ignore, but it'll pop up if you try for a mortgage.   

Message 2 of 8
Jnbmom
Credit Mentor

Re: Collection reinsertion

You stated reinsertion, is it back of your reports?

 

 

If it's past the SOL they can't legally sue you for it or collect but will still send bills unless you send letter to C&D I believe.

EXP 780 EQ 796 TU 810
Message 3 of 8
Anonymous
Not applicable

Re: Collection reinsertion

No it not SOL. I just got the bill the other day so I'm not sure if it hit my credit report yet. I didn't receive a alert from my credit monitoring so I don't believe it been sent yet to credit bureaus.Thanks for replying back to me
Message 4 of 8
UncleB
Credit Mentor

Re: Collection reinsertion

Hi @Anonymous, I've merged your two identical threads into one.  Please refrain from cross-posting in the future; it's confusing to follow and is against our guidelines.

 

--UB

Message 5 of 8
Anonymous
Not applicable

Re: Collection reinsertion

Ok sorry about that I'm new don't post often
Message 6 of 8
Anonymous
Not applicable

Re: Collection reinserted

Thank you
Message 7 of 8
RobertEG
Legendary Contributor

Re: Collection reinsertion

First, deletion that occurs as a result of a dispute is not absolute.

Reinsertion is clearly permitted as long as the reporting is accompanied by a certification of accuracy of the information.

That overcomes any prior lack of verification that may have led to its prior deletion.

 

Second, the resinsertion restrictions imposed after deletion based on a prior dispute only applies to credit reporting.

It does not prohibit continued attempts to collect on the asserted debt unless the debt collector is also under a cease collection bar.

Cease collection bars are implemented by sending a timely debt validation ("DV") request under FDCPA 809(a), and are not imposed by a dispute under the FCRA.

 

You have the right to bring civil action to prove the debt to be illegitimate.

If proven in court, that will end any legal collection activities.

Do you have proofs showing that the debt, per se, is not legitimate, and if so, are you willing to initiate civil action seeking a judgement of no legitimate debt based on your evidence?

 

Message 8 of 8
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.