Jump to content

Wages are being garnished and now the same debt is appearing with a different CA


mommyof2rs
 Share

Recommended Posts

I defaulted on a Chase Credit Card. The debt was then sold or transferred to HJ Ventures. HJ Ventures filed for a judgement on 08/31/2010 and obtained a Default Judgement on 03/08/11. My employer responded to the garnishment request on 12/07/11.

On my credit there is a collection agency, PIF, Inc, that started reporting this same debt in 06/2010.

 

My question is can 2 CA be collecting and reporting a debt at the same time?

Can a debt be transferred while it is in the court process?

Can a debt be listed on my credit by a different CA even though I am being garnished?

 

 

On a current credit report shows that it is only being reported by PIF and Chase. I asked PIF for validation and all they sent was a copy of the default judgement from HJ ventures.

 

This debt was discharged in Chapter 7 BK in 2011 and I received a 1099-C from HJ ventures for the 2012 tax year.

 

Can PIF continue reporting this item even though it was forgiven by HJ Ventures?

Link to comment
Share on other sites

Wait, there are so many contradictions of law here that I cannot wrap my head around it. When did you declare Chapter 7 BK (exact filing date). If that is before the start date of the garnishment (and they are still garnishing) on a debt that was included in the Chapter 7 BK, you need to get to your BK lawyer YESTERDAY! That is a total violation of the BK law and the BK court would like to know that this is going on.

As for your question, debts get sold all of the time while in the various stages of the court process. In fact, some have used that fact to get cases dismissed (after all, who really owns the debt and has standing).

Link to comment
Share on other sites

PIF only has a legal right to list this IF they purchased the debt prior to the BK filing. They however must note that the case was included in Bankruptcy in the tradeline and the balance must show $0.00.

I would also check and verify that the judgement is considered satisfied due to BK in the courts so that the healing can start there too.

  • Like 1
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.