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techgoddess

The law in Cali.

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It is a debt that is past to statute of limitations. That means they can't sue you to get their money back.

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

Ok.....help me out here. If it is illegal to attempt to collect on a time barred debt in California then isn't credit reporting each month considered collection activity? Which means that even though the item can stay on your credit report for 7 years the collection agency must stop reporting to the bureaus after the SOL?

Another question regarding time barred. This applies if you are a resident of the state or does it have to do where the debt was incurred? Some of my debts were incurred in TX, I then moved to VA and now live in CA :-). How's that for confusing.

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

Ok.....help me out here. If it is illegal to attempt to collect on a time barred debt in California then isn't credit reporting each month considered collection activity? Which means that even though the item can stay on your credit report for 7 years the collection agency must stop reporting to the bureaus after the SOL?

Another question regarding time barred. This applies if you are a resident of the state or does it have to do where the debt was incurred? Some of my debts were incurred in TX, I then moved to VA and now live in CA :-). How's that for confusing.

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

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I happened to find this post, too, because of all of the recent posts disappearing. I want to be sure I understand this...

My debts that were incurred in CALIF, as a perm. resident cannot be reported to the CRAs after the SOL is up? Because I have many that are past the 4 year SOL that are still being reported by CAs.

Is this really correct?

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<blockquote>Originally posted by techgoddess

The OC can report the chargeoff for 7 years, sure. They just can't report a balance if it's too old to be enforceable. We all should remember that if a CA isn't legally allowed to collect a debt, they're not allowed to report it (this is the arguement we use if the CA isn't licensed, etc.)

</blockquote>

<blockquote>Originally posted by Niner849

Ok, yes I read about he OC being considered a debt collector. So what we have established is that the OC can report the chargeoff for 7 years, but not the CA, because really there would be no debt to report.

I hope I'm reading all of this correctly. I thought CAs didn't have to be licensed to collect in Cali, so then I guess we would have to find a different arguement to use correct?? Sorry, just want to make sure I'm reading it correctly and that I understand it before I go firing off letters to the OC and CAs. But here is the question. If the OC is considered a debt collector, why should they be able to report the charge off if techniquely (sp?), they can't collect on the debt either? Ya know???

:?

Andi

</blockquote>

<blockquote>Originally posted by ADSOFT

They the OC is allowed to report a debt for 7 yrs, even though they can't collect becuase you entered a "CONSUMER BASED CONTRACTUAL OBLIGATION" and defaulted on it. .... so it is correct information!!!

See the PHILBIN letter on the FTC opinion letters.

I think that's why you might want of offer a partial lump sum to the OC and have it marked as paid as agreed, because they will never be able to get any money on it after 4 yrs!!!

So if you the bill is over 4 yrs old you are in a strong bargaining position. .... I think :? :? :?

</blockquote>

OK...I have a credit union (original creditor) that has been reporting a repo on my credit report since 03/97. Each month they report faithfully. Somehow they are now reporting the Last late date as 03/01; however, I have last year's credit report showing last late date 06/00. Also, the column for 30,60 has been changed. Now here is the question. Can I sue them for any violations and try to get this debt off of my credit report? It is past the SOL.

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Adsoft, unfortunately PacBell/SBC has a VERY long memory !@#$ My daughter had a phone 5 years ago and now she's getting a divorce and needs to have the phone changed over to her name and they won't let her!

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