Can a former creditor put a notation of a still existing credit balance years after a bankruptcy discharge?

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Can a former creditor put a notation of a still existing credit balance years after a bankruptcy discharge?

I went through a bankruptcy about 8 years ago. The bankruptcy was completed on time and I received a letter conveying that it had been completely satisfied. A bank that we had financed a vehicle through sent a notice after the bankruptcy was final and stated they wanted an additional $1,211. After contacting the bankruptcy court because they would not send the title to the car, the court contacted them and everything was “settled”. I recently reviewed my credit score on credit karma.com and find that the lending institution has filed credit report of a unpaid balance. Is this legal or may I have legal recourse for them worsening my credit score maliciously?

Asked on February 5, 2014 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Figuring out when negative information is removed from your credit report can be very confusing, and understandably so. Positive open credit information remains indefinitely, and paid positive accounts remain 10 years, making your credit report a great benefit for you in obtaining and using financial services.

Negative information is purged from your credit report, so that if you have credit problems you will have an opportunity to build a good credit history over time. Delinquencies (30 — 180 days) can remain seven years from the date of the initial missed payment after which the account was never again current.

Answer: Yes the negative mark can remain after all those years legally.


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