Legal Question in Credit and Debt Law in California

Creditor re-aging my credit history by reporting a charge off as a

In 1994 I defaulted on a credit card. I saved my money and paid off the complete balance in 1998 by just sending money to the bank from my last bank statement. This was probably not a good thing to do, as it turns out, because they had sold the note to a creditor.

After receiving several notices to pay the debt, I contacted the bank that I sent the money to and they updated my credit history as a paid charge off. The note was sold to another creditor in 2000 who started contacting me to pay. I told them the note had been paid to the original bank and they should get the money from them. The paid charge off aged off of my credit history in 2001. In 2002 it re-appeared as a ''good'' debt with a ten year life! And, of course, the creditor has started sending me notices to now pay an $18,000 debt.

I was under the impression that it was against the law to ''re-age'' debts by re-reporting them to the credit bureau.

Isn't ir also a violation of the FCRA to post information about my credit history under false pretenses? I don't believe it's the original bank that reported this ''good'' debt but the creditor who used this ruse to locate me and start demanding payment.


Asked on 1/12/03, 9:49 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Creditor re-aging my credit history by reporting a charge off as a

You may have a case under the Federal and State Fair Debt Collection Act in addition to the Fair Credit Reporting Act. Please contact me for free consultation.

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Answered on 1/19/03, 5:40 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Creditor re-aging my credit history by reporting a charge off as a

What is your question? If it is do you still owe the assignee, the answer is that if you did not received notice from your original creditor that your indebtedness had been assigned, you did the right thing in paying the original creditor. And your debt has been discharged.

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Answered on 1/13/03, 2:36 am


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