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CA and Accounts past SOL Question


beju_moon
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I've been reading all night but I still need some clarification. I have an account that is way past the TX SOL (4 years) being listed by the CA on my CRs. If I c&d them, are they still able to verfiy the debt when I dispute it with the CRA's ? I understand that C&D means they can no longer contact you trying to collect the debt but I'm confused how to get the info removed from my CRs.

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Actually, an SOL debt can continue on your credit report for 7 years + 180 days, and (unless Texas's law is different, although I think only California has an exception) a CA can actually TRY to collect it forever.

The SOL only means that you can't have a judgement recorded against you after that period. In other words, if someone sues you over the debt, you have an absolute defense in that the debt is beyond the SOL.

So...to get it off your credit reports, what you need to do is send the CA a Debt Validation (DV) letter...stating they must prove that this is your debt, how they arrived at the amount, and that they have the right to collect in your state. If they don't validate it, then you can send a letter to the CRA's showing that they can't. This doesn't always work, but its all you got...

You can indeed send the CA a C&D letter telling them that the debt is beyond the SOL and therefore uncollectable so they should go away and leave you alone. Again, this doesn't always work

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