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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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A followup to my earlier question re my bankruptcy. The

Resolved Question:

A followup to my earlier question re: my bankruptcy.   The Zombie debt collector has convinced the 3 credit bureaus that they should have an entry in my report re: the obligation. The date listed in the credit report is 2007, and as such it's supposed to stay until 2014. It is my understanding that the fair credit collections act makes the entry illegal and it should be challenged because the date should be the date of the original delinquency (1994), therefore, no entry on the credit report. I have sent a letter requesting they produce the original loan document as proof (it would say '94), no response yet. They presumably have given the bureaus a copy of the judgment (valid but not enforceable under the stay). I've disputed with all 3 bureaus several times but been told no. The Judgment does *not* currently show up on my credit report, and I'd prefer it stay that way. Is there a legally valid way to compel either the zombie debt collector or the 3 bureaus to correct/remove the incorrect entry for the creditor? The only alternative I've been able to come up with is to wait until the discharge is issued and have it annotated as such, but it grates on me that the dates are incorrect. Thanks in advance!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.


Thank you for your follow up question.

Since you have contacted each of the credit reporting bureaus in writing and demanded that the erroneous information be removed, you can consider an action against the reporting companies under the Fair Credit Reporting Act. However, please bear in mind that the correct information to report would be to reflect the judgment.

Instead, you may want to consider proceeding with the plan we discussed in the prior Q&A first. Once you have the court order from the bankruptcy court barring the collection of the debt, you can directly send that order to the reporting companies.

If this plan does not make sense to you, please post me back.

If you have additional questions, please do not hesitate to submit them to me directly.

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