Collection Account Validated!

[hendu]

To my surprise, a CA validated my account. They sent me the agreement between myself and the OC with my signature and the itemized bill. So, is this complete validation? As it looks, it seems to me it is. This is the 1st complete validation I have ever seen, as all the other letters I sent out were useful in that they deleted the items on my reports or sent incomplete validations. I needed to see a complete validation anyway to compare to all the incomplete ones I receive. Is this account past the SOL in Indiana? It was reported 2/1999. Do I work to settle this a ccount? TIA!

[Rezin]

To my surprise, a CA validated my account. They sent me the agreement between myself and the OC with my signature and the itemized bill. So, is this complete validation? As it looks, it seems to me it is. This is the 1st complete validation I have ever seen, as all the other letters I sent out were useful in that they deleted the items on my reports or sent incomplete validations. I needed to see a complete validation anyway to compare to all the incomplete ones I receive. Is this account past the SOL in Indiana? It was reported 2/1999. Do I work to settle this a ccount? TIA!

If the account is near SOL, just wait it out and hope it comes off. If not, send them a letter and see if they will "pay to delete". In other words, offer to settle the debt, in exchange, they pull the tradeline, or remove all neg connotations. I just settled and did a Pay to Delete with one of my collection accounts. I sent them a letter, they signed it, and sent it back to me. I gave them 30 days, they aggreed to remove. It's been about 2 weeks, no change so far, but I am hopeful.

[hendu]

Thanks for the reply Rezin......What is the time frame for the SOL in Indiana? Like I said the account was opened with the CA 2/1999.

[Carlos]

State

Oral

Written

Promissory

Open-ended Accounts

IN

6

10

10

6

I pulled the above info from the consumer info tab on the mainpage under SOL.

I consider it ti be accurate but checking the actual statutes on the books in IN would be the best thing to do.

[luckyduck]

For all Indiana Statutes http://www.in.gov/legislative/ic/code

For statute of limitations in civil cases specifically,

http://www.in.gov/legislative/ic/code/title34/ar11/

Indiana statute of limitations on all debts after 1982 is 6 years. EDIT: (Mortgages are 10 years.)

The SOL begins when the last provable transaction occurs (charge or payment).

Edit: If it was sent to collections 02/1999, it is probably already past the SOL.

[hendu]

Well LuckyDuck, the item on my report says the DLA is 2/2000. IT's a medical bill that my insurance back out on paying part of.

[luckyduck]

You stated twice that it was sent to collections in 02/1999. But they are reporting DOLA of 02/2000? The DOLA is the first due date that ultimately led to the account being charged off/sent to collections. There is no way the DOLA is one year after the account was sent to a CA. That is completely false reporting.

When were the services provided? Did you ever make a payment, if so, when is the last payment that you made? The last transaction is either the date of service (if no payment ever made) or the date of the last payment that was made. It is the last credit or debit transaction to the account that begins the SOL.

You could very easily argue that a medical bill is a service which has a four year SOL under UCC. I haven't needed to do it myself, but if it came down to it I would. If you read Indiana SOL laws, it only really provides for credit transactions and contracts, not for goods and services. I think Indiana lets the UCC rule these transactions. Don't quote me though, but always worth a shot, if necessary.

Indiana tends to leave things out of it's laws that are already covered under fed statutes, and generally includes itself in uniform codes to avoid creating it's own codes. Just seems to be a general rule of thumb. It certainly does avoid confusion over which rules govern though. The Hoosier state is definitely a follower state, not a leader.

[hendu]

Sorry Lucky Duck, the DOLA is 03/2000. The services were provided 01/1999. I haven't made a payment since 2000. Why do you say that there is no way the DOLA could not be one year after the CA reported it?

[luckyduck]

If your last payment was 03/2000, then the SOL period begins on that date, and based on the six year Indiana SOL for all debts (beside mortgages) you've got two years left. If you want to shoot for UCC 4 yr service and goods statute, it's definitely worth a try.

In accordance with FCRA the DOLA is the first date of delinquency that led to the CO. It doesn't matter if you paid after it went to collections, the DOLA for credit reporting purposes never changes.

Since the DOLA is the first date of delinquency that led to the CO, there is no way that the DOLA can be after the CO, or assignment to a CA.

Services were provided 01/1999. They sent it to collections 02/1999? I assume then that your payment was due upon service or possibly 30 days after service. When you failed to make payment on that due date, they sent it to collections. The due date that you failed to meet is the DOLA for credit reporting purposes.

The last payment made is the last provable transaction for SOL purposes. In IN, partial payment does begin the SOL again.