Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?
So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing much of anything. Never called NJDCAID to simply get the dates and amounts paid to her. kept my proof and receipts. She lied about also not receiving a check, I had to send screen recordings with her number and voice telling me to send her a photo of my license. He didn’t believe me until then & even after, didn’t care to help so I had to go through hell on my own, make over 40 calls to get one email he could’ve received in seconds. Eviction dismissed, but damage done.
With that said, I’m seeing the creditors going back on my report. Problem is, it’s showing the date put back on. Not ORIGINAL date. charge Ex: charge off added July 10,2024. Is my 7 year statue starting over?? Thank you!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.
If a debt that was previously reported and charged off shows a new date, it's important to dispute this with the credit bureaus. The reporting should reflect the original delinquency date, not the date the debt was re-added after dismissal.
Document all communication and keep copies of your records when disputing. This ensures you have proof of the original dates and supports your dispute to correct any errors on your credit report.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
