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30 day lates....and SOL


skip73
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Question in regards to lates and other items that are on my credit reports...Specifically, Am I supposed to be notified in some manner for anything to be put on my report? I have heard yes and no. If a creditor puts a 30 60 ect. days late mark on my report, should they have notified me? If yes and they dont notify, isn't that a violation that they then must be removed?

2ndly, SOL. ...If I move from one state to another, do the SOL follw me from the state in which I have the collections or do the SOL in the new state over-rule?/

Thanx Again

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The contract you signed, or the paperwork you received when you first opened the account will have a statement saying that any negative payment information will be reported. So essentially, you were told that those items would be on your credit report.

You do not have to be notified each and every time something negative is reported because the blanket statement in the beginning took care of it.

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Guest mikey

since the SOL is currently being applied in my case, I will give you what is happening with me. I lived in az but moved to fl after the sol expired in az....i am being sued in fl and they want the longer sol applied in this forum. fl has a borrowing statue that does not allow them to seek fl 4 yr sol instead of az 3 yr time since az is shorter and it occured in az....if you moved while the card was in use, it might be tried in either state depending on which one they want...generally they will use the longer one....i always thought it was where you signed the terms and agreement for the card but have heard they can choose. i would fight either way but look to see if you have a similar statue that throws their case out.

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FACTA requires notification when negatives are reported. OC's are complying with this by placing a notice on monthly statements. I have about 6 CC accounts, and I see this notice on every statement I receive.

In most cases, the state in which the defendant lives determines SOL because the plaintiff must sue in the defendant's jurisdiction. About 6 months ago, I received a $1500 class action settlement against Signet Bank (AKA Cap1) because they got a default judgment against me in '94 in a Virginia court.

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Guest mikey

you are right...they will file in the state you live in because it is a right you have....that way they dont get a default because you were unable to attend a court date in another state. but dont be surprised if they try and use a sol from another state if it is longer. in mine, they are trying to use fl since it is a yr longer but the card was never used here, and expired in az...they just dont know yet that i know about the 95.10 borrowing statue. i had one try to use the state where the bank's HQ was located....it had a way longer one than az and fl. it was thrown out because it was expired in all 50 states....lol

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That negative information will be placed/has been placed on my credit report

Keep copies of any correspondence that the CA sent, and make sure the CA's letters don't have any credit reporting warnings on it. Then send the OC a letter notifying them that the CA violated the state Rosenthal FDCPA, and the OC may be liable. Then offer a PFD if the debt's yours, or issue a C&D if it's not yours.

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oops I edited above post when I should have just wrote a new one but here is the same info: FCRA 623 (A)(7) requires that any creditor reporting negative information to a credit bureau MUST NOTIFY the CONSUMER in writing within 30 days of the insertion of negative information.

Otherwise they are in violation of the FCRA

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