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  1. #1

    Question Collection Agency Put Bogus Report on My Credit History

    My question involves collection proceedings in the State of: Ohio

    I co-signed for a 10k student loan approx five [5] years ago with my GF. She never paid anything on it and has dodged all of the creditors trying to collect. Ultimately it got to the point where a law firm started contacting me about payment. At the time she was unemployed and living with her sister. I made arrangements to re-pay the loan. The balance was now 15k. I started making payments in August of 2009 and eventually paid $3108.00 before it came to my attention that since it was a student loan and not a government loan that my Chapter 7 filled just before the October 2005 deadline made this dischargeable. Yes, the loan was on my Chapter 7 documents but my attorney didn't make it clear to me [my fault for not checking the final documents and clearing with him]. Regardless, I contacted all parties and everyone confirmed that was discharged back in 2005.

    I drafted a letter to Weltman, Weinberg & Reis in July 2010 informing them that I longer authorize them to makes withdrawals. I faxed them all of the legal documents on my Charpter 7 at the time. They still made a direct withdrawal on my checking account a few weeks later and I had to close it to prevent this reoccuring. I haven't heard from them since. Then today I was checking my credit report and I see they have put the 13k balance of the loan on my credit report! I waiting to hear back from my attorney that filed my Chapter 7 but what are my options at this point? I'm assuming their next action to take me to municipal court for judgement. I did this a few months ago with my XGF and since she never appeared was awarded judgement for the $3108.00 I'd already paid and now I'm in the process of having her wages garnished. TIA!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Collection Agency Put Bogus Report on My Credit History

    Exactly what is on your credit report? It's possible for a debt to be listed post-bankruptcy.

    The mere fact that something is entered on your credit report does not of itself mean that anybody plans to sue you.

  3. #3

    Default Re: Collection Agency Put Bogus Report on My Credit History

    I contacted them in July about my Chapter 7, they posted on my credit report in November. It says account "closed" [closed my bank account] balance due the amount since my last payemnt in June. Under payment status it reads " Seriously past due date/ assigned to attorney, collection agency, or credit grantor's internal collection department."

  4. #4

    Default Re: Collection Agency Put Bogus Report on My Credit History

    The question has been raised that reagrdless if the debt was discharged that I voluntarily "reaffirmed the loan" when I set up a payment schedule and began making payments. I spoke with my attorney and he told me that "a reaffirmation agreement must be filed within 60 days after the meeting of creditors date". Is that true? It's my understanding that when there is no attorney acting on your behalf [as in my case], the Court usually wants to meet with the debtor to make sure the debtor knows that the reaffirmation is completely voluntary. Also if the judge does not believe that a reaffirmation agreement is in a debtor’s best interest and may not have the ability to pay, the judge may refuse to allow the reaffirmation agreement to be entered as a binding agreement. This case was opened in June 2009 and I began making payments in August 2009. There was no reaffirmation agreement filed with the courts, it was an agreement between myself and the debt collector.

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