i have a tl jcpenneys' which was included in bk7. i disputed a while back that it was included. however the updated reports now show that it was verified and updated. paid charged off. also they updated the reported since date and the date of status date. i don't know what it was before. so does this start my 7 yrs all over again? and what is the best way and fastest way of handling this acct to remove or update correctly. i really don't care if it updates to include in bk7. thanks for advice and help.
to a certain extent I can only guess what the final outcome might be but the first thing you will have to do is to find out through disputes if this is an actual new attempt to collect or not. Chances are it should come off easily or at least get amended to be correct but if it is by some accident a renewed attempt to collect you will not find any relief in the 15 U.S.C. series of laws, FDCPA, FCRA but will rather have to look to section 524 (if memory serves me correctly) of the federal bankruptcy code and the bankruptcy laws since they hold the juridiction in such matters. You can and should claim FDCPA or FCRA violations but when push comes to shove they won't be all that likely to help you nearly as much as the bankruptcy court would. If they attempt new collection efforts they will be in contempt of court under bankruptcy laws. So you have to figure out exactly what is going on first and a dispute to the credit bureaus first and then if its verified move to validation direct to JCP and if that don't cure it then you may have to go to the bankruptcy laws.
