startnover Posted October 11, 2004 Report Share Posted October 11, 2004 Hello all, Thank you so much for this forum, I have learned so much from you guys and gals. I am on my way to having a clean credit report. I have 2 more negative items to be removed. I recently looked at my report and notice a new negative item being reported. This item is from a collection agency for an old utility bill from 1998. When I first received the collection letter in Febuary, I sent them a letter to validate. All they sent me were copies of the bill. After reviewing the bills and searching this forum, I sent them an SOL letter in May. I haven't heard anything back from them since the SOL letter. Now on my exprian report the collection agency is reporting this negative item as a collection. It is also being reported under the public records section with a file date of October 2004. To my understanding of the SOL law, they can still try to collect but can not sue me for the amount they claim I owe. My question is, can they still report this item to the credit agencies even after the SOL and also what about the new file date of October 2004? Any assistance will grately be appreciated.Thanks in advance. Link to comment Share on other sites More sharing options...
kbean Posted October 11, 2004 Report Share Posted October 11, 2004 you might want to read the stickies here in credit repair. The 7 years is not the same as the SOL. The SOL is state dependent, while the 7 years is the time that a negative item can be reported on your credit report, no matter where you live. Therefore, while you may have a relatively short SOL, the item can still be reported for 7 years...When you say public record, do you mean that you were sued by this creditor after the SOL was up? I would definitely look into that if it's the case. Link to comment Share on other sites More sharing options...
startnover Posted October 11, 2004 Author Report Share Posted October 11, 2004 Thank you for your response.I have not been sued by the creditor or the collection agency, that's why i was wondering why it would be listed under public records. When i got the collection letter i wasn't sure that it was mine so I sent a validation letter. The last activity on the bill was from 1998. The SOL in my state is 4 years, so I sent them an SOL letter. I received the green card back from the certified mail so i know they received my letter. This collection item has not been on my credit report until now. The credit report is listing the date opened as 12/2003, and the collection date 10/2004. Can this be right if the last activity is from 1998?Thanks again. Link to comment Share on other sites More sharing options...
kbean Posted October 11, 2004 Report Share Posted October 11, 2004 okay, so let me get this straight. you had a utility bill from 1998, is this an unpaid collection?in the public record section, it doen't say judgment filed or anything like that? maybe you should dispute this item with the credit bureau where it's listed as "not mine" it could very well just fall off and you'll only have to be 'aware' of it for the next year (since it's about 6 years)i would be concerned about it being under the public record section. Link to comment Share on other sites More sharing options...
startnover Posted October 12, 2004 Author Report Share Posted October 12, 2004 Okay, i just pulled up all 3 of my reports from the credit agencies, Experian is the only one reporting the collection for this utility bill. This is an unpaid collection account. Now i noticed that the account is no longer listed under the public records section, so that is good. I closed this account in August of 1998 and no further payments were made. When the collection agency sent me copies of my bill for validation the last bill was dated september 1998.This account was never listed on any of my reports from the orginal creditor. Now it is being listed for the first time by the collection agency. Under the Account History: the tradeline states "collection as of 10-2004" no other history is listed. So would this account actually fall off in 2005 because no payments were made since 1998 or will it still have to run it's course of 7 years since it is being listed for the first time by the collection agency? I apologize for the confusion, I am so close to cleaning up my credit, i just want to make sure i'm doing the write thing. Thanks to you all. Link to comment Share on other sites More sharing options...
kbean Posted October 12, 2004 Report Share Posted October 12, 2004 2005. call experian and ask them to verify the date that they have for it to fall off.The 7 years isn't indicative of when it's reported Link to comment Share on other sites More sharing options...
Guest Posted October 12, 2004 Report Share Posted October 12, 2004 If they are reporting the date opened as 12/2003 and NOT reporting the1998 date anywhere on the report then they are reaging the debt and that is illegal.I bet if you call Experian and ask them the date it will fall off they will tell you 2010Check and see Link to comment Share on other sites More sharing options...
startnover Posted October 13, 2004 Author Report Share Posted October 13, 2004 Thank you all for your reponses. I will call experian to see what the "fall off date" will be. Link to comment Share on other sites More sharing options...
PayCutHurtMe Posted October 13, 2004 Report Share Posted October 13, 2004 Thank you for your response.I have not been sued by the creditor or the collection agency, that's why i was wondering why it would be listed under public records. When i got the collection letter i wasn't sure that it was mine so I sent a validation letter. The last activity on the bill was from 1998. The SOL in my state is 4 years, so I sent them an SOL letter. I received the green card back from the certified mail so i know they received my letter. This collection item has not been on my credit report until now. The credit report is listing the date opened as 12/2003, and the collection date 10/2004. Can this be right if the last activity is from 1998?Thanks again.This is a new trick the CA's are pulling. See this thread:http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=20897&postdays=0&postorder=asc&start=15 Link to comment Share on other sites More sharing options...
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