Does anyone here have any advise on what to do? I filed BK7 a while back and the judgements are killing my credit reports even though I do not owe them, the debts were discharged. Any advise at all would be GREAT!!! Can the creditors keep renewing them until I die???
I do NOT believe the creditors can renew them -- that would be called "reaging." (For more info on reaging, search my posts on "reage".) Note that they can still "update" the current balance, until 10yrs after the BK7 (or is it 7yrs for BK7, I forget.) It seems to me that any TLs included in you BK7 cannot be subject to further activity (other than the OCs or CAs still trying to get the money from you. I don't know, can they legally collect if it was dismissed? Probably not, if the judgment did not state repayment as a contingency.) Maybe you can write to them to cease collection efforts? I know this doesn't help your CR -- for that, I don't know enough to assist here. Can they include those derogatory TLs in your CR until you die? No. Sorry for rambling on... I'm working extremely late and probably shouldn't be browsing forums....
How long do the judgements last on the reports though? 10 years from the original delinquency, or from the court entry date or 10 years from the BK7 discharge date? Is there a way to get the liability part removed from the reports and then possibly at a later date deleted? Any ideas at all would be helpful!!!
Do you have judgements as a court process seperate from your BK7? I filed BK7 in 1996. It is my understanding that: BK7 Public record=10 yrs. There are legal ways of removing this. (If it works?) All TL should be removed from date of FIRST serious delinquincy that led to the BK. Even if the creditor didn't report it for 90 days.
I don't understand the advice that everyone is posting in this thread. If these judgements existed pre-bankruptcy, THEY ARE VOID by action of the discharge order. THEY ARE NOT COLLECTIBLE BY ANYONE. THE BALANCE DUE ON THE JUDGEMENT CAN ONLY BE UPDATED TO $0 or N/A. IT IS CONTEMPT OF THE BANKRUPTCY COURT TO TRY AND COLLECT ON THEM. You should be able to get the judgements vacated based on your discharge order in the court the judgements were entered in. Once vacated, you should be able to get them off your reports.
J. Vick 71 First, when did the judgment happen? Before the BK CH 7? In general a BK CH 7 is on your reports as a public record and should fall of 10 years from the date the BK was FILED. In general a judgment, which is on your reports as a public record, will from the date of entry, stay on your credit reports for 7 years or until the state statute of limitations expires, whichever is longer. The re-aging thing applies to changing the date of status or date of last activity, depending on which credit report you are looking at, on an account. Judgments in and of themselves normally last anywhere from 5 to 20 years and some states are renewable. Usually they are not renewed due to lack of interest. I am not sure about vacating a judgment post BK 7.
talk with your bk atty. Creditors cannot collect or renew judgments after a bk 7 discharge. Period. Continued collection efforts would include: calling you about the debt writing you about the debt re-reporting the debt as currently owed renewing the judgment even though it was discharged in the bk.. inquiring into any of your credit files (inquiries) either hard or soft for any reason. to put in laypersons terms: you not only do NOT owe the judgment anymore, but they also do NOT have any reason to be in your file (inquiries) and they MUST update the record to either a 0 balance. You cannot look like you still owe this debt any of those activities would violate the "stay" of the bk and are illegal. You can report the creditor to the bk trustee (an atty who also watches over your case for the bk court). Their name is on your paperwork too. You can also sue them for violating the stay of your bk if you want to... Now: there are several other issues that you can address. If a judgment has a balance listed still it can be a FCRA violation. You must dispute the item with the bureaus as "I do not owe x balance on this judgment, please correct to reflect a 0 balance as of x date"... watch them come back verified. You then can contact the creditor and tell them they need to update their records to either vacate the judgment or update the record to show a 0 balance. Here's where it gets interesting... if you do that and they still leave the issue with an incorrect balance, a new date of last activity (after the bk discharge) etc you can sue them for fcra violations and you get to collect money from them. It's best to apply for something and get denied (actual damages) as they can be held liable for those too Now, if you send your letters certified return receipt (proof they got them) you create a papertrail that will get you 1. deletion of their account (and judgment) in full 2. likely some money up to 1k pretty easily for their violations... You are now in a complete position of power. Continued collection activity after a bk stay is a very large violation... hammer them! You now get to mess with the creditors.
