Collection agency reported a bill today that was filled in bk 7/31/12 help?

[dgr]

Got a alert today that a Collections agency had put a bill we had filled on 7/31/12 on my husbands credit report this morning.
I wouldn't think they could do this??? Anyone with the knowledge about this??? It wasn't on there before we filled, we filled before they reported it on his report.
In fact they had 99% of our medical bills I think it was 6 total they had. One left off, a miss step on my part, but I knew I had did it as soon as I had filled. it was 100.00 so we went a head and
paid that. They reported that as paid today as well. When I paid that one 3 weeks ago I made him go thru everything to make sure the rest had been filled on. YOU KNOW HE DID THAT JOB WELL! They want their MONEY! Everything else came back under BK . Called them today as I was trying not to flipped out I tried to hold back my anger. After seeing it had dropped his score by 68 points. Not had one negative report since Nov. till now No late payments NOTHING! The person I talked to of course said yes it had been filed on in bk and wanted a manger to called me back. The odd thing in this whole story is that we have never received any bills from them, not one. I asked why 4 times, they changed subjected, is this normal? Sorry for the ramble and the horribly written questions/statements. Hope you can make sense out of it. Still waiting to hear back from that manger , its been over 3 hours. Thank you..

[justbroke]

They can not do this at this point. I'm assuming that you filed and received a discharge in your Bankruptcy case? What I have done, in these cases, is send a "NOTICE OF VIOLATION OF BANKRUPTCY STAY" to the creditor(s) and explain, in no uncertain terms, that should they not remove the post-petition (after filing) credit bureau entry, I will re-open my case and seek sanctions in the bankruptcy court. Every single one of my creditors that received that letter, with certified mail return receipt request (CMRR), did heed my warning.

Your mileage may vary. You need to be tough and "DEMAND" that they remove the entry. In my letter, I always tell the creditor that it is not a request for an investigation. I tell them that they are in contempt of a court order and that their failure to remove the entry within XX days (I usually use 15 days) will result in a Motion to the court.

(Unless you were an asset case, I don't know why you paid the bill... but that's another discussion for another time.)

[dgr]

BK discharged in Nov of 2012 No asset case.. The bill that was paid I didn't put in bk I my fault. It wasn't till almost till discharge I noticed it. So that is paid, I could have did paper work to put it in but it in but I didn't I know.. . This one that is in question is one that is in the BK filed and discharged and they are just today putting it on his credit report along with the other one I paid. So now we have two in collections. (sigh) Still haven't got a call back from them. I am going to call them back now.. I also didn't mention they where about to add another bill that is not his on there. Another name and address. Same first and last name, different middle name and S.S. number you would have thought they would have caught that the S.S number didn't match, they had it under his account.. Had she not ask me is this him it would have went on there. I will use what you said above on them..... Thank you..

[dgr]

After 2 calls to them , them rude me still trying to hold my self back, it didn't work so well with the 2nd call when the guy started in on me about the other man's bill's with the different middle and SS number. Ended in (well I might have not been able to pay some bills but your so uneducated , if you can't verify a man's middle name and SS number before you ruin him, maybe you need a job that isn't so complicated for you.) I should NOT have did this. He wouldn't stop pounding at me about these bills being my DH's , we don't live in that state never even been in that part of the US. He even suggested without fully saying that my DH used this other mans name and SS but this was only after I had lashed out. (I knew that was coming) that is why I was trying not to lose my temper. I refused to be apart of that any futher it was at that point him trying to have a power trip and I wasn't giving the power to him , I told myself in July when I filed I would NEVER give my power over to someone like his self again. So I told him he could fight with him self I was hanging up. He didn't like that he wanted to berate me more I hung up. 10 mins later a manger called me with a ton of apologias (shocked I was), she said she had spoke with John (the rude one and heard my side ( I read what you said above to the T and did waver) she it was a over see on their end. She would handle it her self from here on out. (we will see if her word holds true) I only trust what I see) she is suppose to be mailing be papers of promise of deletion of all I didn't ask of those papers she offered before I had a chance. She said it would deleted but would take about 30 days to reflect on DH's credit reports. I wonder if will put his credit score back to where it was since it dropped it 57 points when they put it on there. I can't wait to have papers in hand that way we will have something to fight it on this in with the 3B's.. Again thank you so much for you help.. It helped me so much with BACKBONE and the right info to stand up to these creeps. and that's what we got to do each and every time. Now to sit and watch to make sure they do want they say. Our they are going to end up in court. I will push it all the way.

[Pjmax]

Don't call them. You will have nothing in writing from this discussion. Follow Justbroke's advice.

[keepmine]

The bill that was paid I didn't put in bk I my fault. It wasn't till almost till discharge I noticed it

If you were a no asset bk, it does not matter if the debt is listed or not. It is presumed discharged because, a creditor would not have received anything even if you did list it.

[justbroke]

dgr, I applaud you for taking that abuse, or at least taking some of it. I have had a similar conversation with a creditor who started berating me. (I still have all the logs from the call and the letter that I sent to the President of their company.) After I let the collection agent berate me, I politely said... two times... that if they did not understand how bankruptcy works, I highly suggest that they put someone else on the phone! It worked, and their manager promised a removal of the entry. Not only that, they did it with eOscar which means it was immediately removed. I also received a letter indicating that they removed it and that it was their mistake.

Yes, some collectors take it personally. I believe that many of them make a commission on what they can collect. However, the FDCPA (and Florida's Deceptive and Unfair Trade Practices Act - FDUPTA) protect us from this type of irrational and unnecessary behavior.

I would still write to them so that you have that in writing. In all likelihood, you will receive exactly what I did. An apology and a notice that they are removing the entry. They will not admit any fault.

[LadyInTheRed]

If you were a no asset bk, it does not matter if the debt is listed or not. It is presumed discharged because, a creditor would not have received anything even if you did list it.

Even if it is an asset case, it would be discharged if not paid off by the trustee. What matters is that the creditor was listed on the petition and given notice. If the amount of debt listed on the petition was incorrect and the case was an asset case, it would be up to the creditor to submit a claim including the entire debt owed by the debtor for services performed before the BK filing date, even if the actual amount listed on the petition was incorrect.