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I had a Discover card that I stopped making payments on after a job loss. (I did try to work something out with them at that time but they wouldn't work with me). Obviously the card went delinquent and ultimately I got taken to small claims court by a well known shady "Law Firm" and lost. Per Discover and the "Law Firm," all payments would go to the "Law Firm" and never to Discover. As expected, the debt is listed under Civil Judgments and Discover on my CR.
The main issue I'm having is regarding how the debt is being reported by Discover. The debt is listed with a status of "Charged Off as bad debt" or "Charge-Off" however the condition is listed as "Open" on all 3 CRs. I know the status is correct as charged off, but I'm confused on why they would report the account condition as "Open" at this point. I thought a "Condition" of "Open" meant the CC is still an open account and would be useable if the balance was paid below the limit. I'm assuming the account will never be usable even if I paid the balance below the limit. So shouldn't they be reporting the condition as "Closed" now that the account has gone through a charge-off, collections, and a civil suit?
Also, if the account should be listed as "Closed" or otherwise and gets updated, will that take the card out of my credit utilization calculations? It's eating me alive there.
Is it not reporting a $0 balance? You have reason to dispute. Since you paid the judgement, the account balance should be $0 and it should be reported as closed. Is the judgement showing as satisfied on your reports?
It should be updated to closed if no longer available for consumer use.
It is very common for creditors to neglect to report closed, and is usually obvious to anyone viewing the credit report, as creditors dont permit consuemrs to contnue to accrue additional debt when the account has reached the state of charge-off.
Either make an informal call or send a formal dispute if you wish the status to be updated to its obvious status of closed.
The statutory requirment for prompt update of information is FCRA 623(a)(2).
I have not paid the debt as of yet, so it's still outstanding. I got some advice that due to the fact that my income is exempt from garnishment (so it's untouchable), I should avoid making payments until the Discover Card file on my CR reaches the SOL and falls off in order to avoid restarting the clock on the debt there. The Discover Cardn file reaches the SOL at the end of this year so the last thing I want to do is have it start all over again. (I know the civil judgment will still report and will still be enforcable).
So I do still owe the balance that Discover is reporting, but the fact that a credit limit is still showing and the account is still listed with a condition as "Open" is the confusing part. I interpret that information as that the card is still open, that I still have a credit limit, which I am currently over, and that if I pay off the balance, that I would then be able to use the card again, and the civil judgment would reflect as paid or what not.
I reasearched this a bit and most information says collection agencies can show a status of Open if the money is unpaid, but this balance is still with the OC, not a collection agency. I've also tried to find a straight answer as to what the difference between a "Status" and a "Condition" is without succuss.
I don't want to rock the boat too much as to avoid re-aging this beast, but overall the information being reported is incredibly misleading and seems super shady to me. I really want to contact Discover and have them verify (in writing) whether the account is open or closed, but that makes me nervous with regards to the SOL. Obviously if the account is closed and they are reporting incorrectly I could pursue that problem, but is it really worth the risk of re-aging? Isn't the maximum amount of "damages" you could sue for like $1000 total?
If I could use the mere fact that they sued me as proof through assumption that the account was closed, then I'd be more inclined to do something. They did provide a charge-off statement to the Court, but nothing in regards to the account being open or closed if I remember correctly. Is it legal for them to sue me for a charged-off account if the account itself is still "Open" with a credit limit showing?
There are different status codes that represent different aspects of the account. You can dispute if inaccurate, and the creditor must investigate and either verify or correct.
Deletion of the account is not a "penalty" for having an inaccuracy.
Whether a revolvng accunt remains "Open" to further use by the consumer is unrelated to whether it is delinquent or charged-off.
It is a closing of the ability of the consumer to inclur additional debt on the card, not a payment or delinquency status.
Payment and deliquency status are seprately provided for. The current account status represents the status of the account as derogatory or in good standing as of their last reporting only, and is a snapshot only as of that date. When an account becomes delinquent, open or closed, its current status reports that fact and the level of the deogatory status, such as 30/60/90/120/150+ late or CO.
If the accunt is thereafter paid back into good-standing, then the current status becomes either pays as agreed if still open, or paid if closed.
The delinquency status prior to the new current status is retained under a separate code called the Payment Rating, which would, in the case of a CO, still be retained and coded as a CO.
Creditors do not permit consumers to contnue to charge new debt on an account that is seriously delinquent and charged-off.
Chances are near 100% that the account is closed. If disputed, they will likely simply correct.
That will not alter the contnued inclusion of the unpaid debt in your % util or the derogatory status as now reported.
Yes, they could have sued if the account were still open, but I doubt that you have any use of the card.
If you submit it to a cashier, I would presume you would find definatively that it is closed.
It can be disputed, but resollution will not have an effect on credit scoring.
@Anonymous wrote:
The main issue I'm having is regarding how the debt is being reported by Discover. The debt is listed with a status of "Charged Off as bad debt" or "Charge-Off" however the condition is listed as "Open" on all 3 CRs. I know the status is correct as charged off, but I'm confused on why they would report the account condition as "Open" at this point. I thought a "Condition" of "Open" meant the CC is still an open account and would be useable if the balance was paid below the limit. I'm assuming the account will never be usable even if I paid the balance below the limit. So shouldn't they be reporting the condition as "Closed" now that the account has gone through a charge-off, collections, and a civil suit?
I too & was in the exact same boat as you. I had a charged off It card & when i finally had the courage to look at my report I was very surprised to see my account/card still listed as open. (I hadn't mad a payment in two years at this point) ... Initially, I thought this was a good thing as just in case I can pay it down & ask for a CLI & keep the card. But lo & behold when I called in to pay the balance the account was sent to a collections agency & actually closed.
It was when I paid the account in full that the account was updated to closed. They would not update the bureaus if I went on a payment plan. They would only update when the acount was PIF or agreed settlement.
Creditors do not permit consumers to contnue to charge new debt on an account that is seriously delinquent and charged-off.
Chances are near 100% that the account is closed. If disputed, they will likely simply correct.
That will not alter the contnued inclusion of the unpaid debt in your % util or the derogatory status as now reported.
Yes, they could have sued if the account were still open, but I doubt that you have any use of the card.
If you submit it to a cashier, I would presume you would find definatively that it is closed.
It can be disputed, but resollution will not have an effect on credit scoring.
If it won't help change my % utilization, would you agree that I best just leave it be and wait a few months for it to just it fall off?
Also, just to make sure I understand, the status of "Open" basically means that the File (for lack of a better word) is technically still open in the sense that it's pending payment of the outstanding debt; and the "Condition" of "charged-off" means the balance has been, well, charged-off as a loss; The "Status" being the current state of the account, open (but obviously not usable), and the "Condition" being the state of the account based on the monetary piece. If the balance was sold to a collection agency, I assume then that the condition of charge off would remain or would then include "sold to another company" and the status would be closed, with Discover at least.
Is that correct for the most part?
Yes, if speaking about the reporting of an OC account.
Just be careful that "Open" is referring to the OC account, and not a collection reported by a debt collector.
They are totally differrent animals.
A collection account is "Open" as of the date the debt collector receives their collection authority, either by was of assignment from the OC or by their purchase of the debt.
"Open," when used for a collection, has nothing to do with any status of the OC account.
A collection remains "open" until either the debt is paid, or the debt collector has their collection authoriyt terminated.