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Should a Collection Agency still be reporting on my credit after suing me?

Saint Paul, MN |

I was sued by a Collection Agency for unpaid hospital debt, the debt is now handled by a county court. However, the Collection Agency is still listing the debt on my credit report under their company. The county court also lists the judgment against me on my credit report. Should this debt really be reported by both of them, or is it no longer supposed to be handled by the Collection Agency? If they shouldn't be reporting anymore, then how can I get it removed from my credit report?

Attorney Answers 5

  1. I suspect that the debt appears in different sections of the Credit Report. There is a section for Public Records - that's where the judgment shows up, and a section for delinquent accounts, that is where the collection agency's report shows up. There are also a section for accounts in good standing. It is possible that the same debt can validly appear on the credit report more than once. A credit Card issuer might have a report that says the account was charged off and sold. the debt buyer might have a report saying you haven't made any payments, and a judgment for the debt might show up as a matter of public record.
    A judgment is just a determination by the Court that you owe the money. Somebody else, the collection law firm, still represents the hospital, and may be entitled to report that the debt is out there and no payments are being made.
    The Fair Credit Reporting Act requires that all such reports be accurate. If you dispute the accuracy of anything, you must do it in writing. You writ to the Credit Bureau, not the creditor. Make sure that you keep copies of the letters you send. Give as much detail as you can regarding why you think the report is inaccurate, and also include a copy of the inaccurate item. If the inaccuracy is not corrected, you should consult a lawyer familiar with the FCRA. If you have a case under the FCRA, a lawyer may take the case on a contingent-fee basis because the FCRA has a provision for the other side to pay your attorney's fees if you win.

  2. The prior response gave a perfect answer - it can be reported in more than one location on a credit report and as long as the information stated is factually accurate, there is nothing you can do about it. If it is wrong, however, you can certainly challenge it with the reporting agency.

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  3. As noted, it is likely being shown both on the Public Information section for the lawsuit and judgment, and as a tradeline for the original creditor. You cannot remove truthful information from your credit report.

    The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for in a response to an on-line question. Any answer, discussion or information is intended as general information only, is not intended to serve as legal advice or as a substitute for legal counsel, and should not be relied upon in making any decision. If you have a question about a specific factual situation, you should contact an attorney directly.

  4. Credit reports have various sections of information, so what may appear to you to be duplication is not so. Look at the credit report itself as to the procedure for you to take as to any false or otherwise inaccurately reported credit information on the report.

    TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.

  5. As you indicated that your county court [Ramsey County?] also lists a judgment on this claim against you on your credit report, the creditor is totally authorized to continue to list this as a creditor claim against you. I agree with the other counsels in challenging these, but the judgement likely makes this a losing issue. A chapter 7 filing might possibly be able to help you, albeit it doesn't undue the listing itself, but does counter it.

    Bankruptcy Debt Relief Legal Counsel

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