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SOL QUESTION


Randysbarb
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I have a ? on SOL for South Carolina. I have several medical accts with 1 CA. Do I go by the DOLA for the SOL? I think the SOL for SC is 3 years (not sure). So am I understanding by these thread that a CA legally cannot harrass and try to collect after the SOL? Please help. Thanks!

Also, I called the hospital for info on one of the accts and was told that it was their policy to only file on 1 insurance company. Do they have an obligation to file on both if one doesn't pay? God I'm so frustrated and confused. :x I have a total of 8 accts with this 1 CA. I paid 2 of them and they refuse to remove from my credit. They just changed them to paid collections.

So now will the paid collection stay on 7 yrs from date paid? :?:

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SOL in SC IS 3 years - for everything.

The expiration of the SOL doesn't mean they can't TRY to collect or have to stop harrassing you. What is means is they cannot legally sue you to force you to pay. Without the ability to legally enforce payment, you don't HAVE to pay. However, the debt is still out there and they can try to collect until hell freezes over !

Best way to be rid of these parasites is to write them a letter stating the debt is time-barred per SC statute # xxxx.xxx and that they're never to contact you about it again.

The collection can only stay on your report as long as the ORIGINAL debt stays. So if the original debt and its delinqency were to fall off this year, so would the collection. Collections can NOT survive the expiration of the debt that caused it.

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Section 605(a)(4), which has been in effect since the FCRA became effective in April 1971, has always prohibited CRAs from reporting chargeoffs that are more than seven years old.(1) Section 623(a)(5), which became law in September 1997, requires a creditor that reports a chargeoff to a CRA to notify the agency (within 90 days of reporting the account) of "the month and year of the commencement of the delinquency that immediately preceded" the chargeoff. Section 605©(1) provides that the seven year period begins 180 days from that date. Both provisions were part of the major revision to the FCRA that were enacted in 1996.(2)

http://www.creditinfocenter.com/creditreports/cr_time.shtml

goto paragraph #2.

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