[Question] Credit Bureau listing and collection

[miki-d]

Can a company list you on ITC for 2 years under account status "Bad Debt Written Off" and then after that listing expires (2 years for bad debt written off to be cleared off your name) list you on experian for a judgment? Its been more than 3 years now and I have a debt collector bothering me for money. Can they do this, and does the prescription rule fall away since the judgment was listed 2 years after it was written off?

[Dave A]

I believe the key question is how long after the debt was incurred did they obtain the judgement.

Anthony Stern did a rather good explanation of prescription here.

[miki-d]

Thanks for the link, cleared up part of the question but the first question still leaves me abit puzzled. Can a company as in my case, list you on transunion for Bad debt written off in 2008 and then 2 years later list you on another bureau with a judgment for the same debt? Why did transunion list it as written off if it wasnt, which exactly why I ignored it in the first place as there was only 6 months left when i received my report then it would be automatically removed?

[Dave A]

The fact that they've written off the debt on their books as doubtful or irrecoverable doesn't mean they've given up the right to collect through due process.

I also suggest there are different types of listings with credit bureaus - an adverse report (essentially reporting a default from payment terms) and a judgement - and I don't see anything that suggests that one listing precludes the other.