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SOL collections


stinadragon
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I received a bill in the mail from Verizon yesterday on a)and account that closed in 1998 and b)was ID theft committed by my ex-husband. It would actually cost me more in child support to press charges than to pay the bill if he ended up in jail (child support payments are suspended) so I've been looking into other options.

I am reading that the SOL for charge-offs is 7 years, but what about debts at collection agencies?

This company (Afni) is telling me that there has been activity on the account over the last ten years, i.e. Verizon attempting to contact me (which they have not, to my knowledge) and that the statute of limitations begins again when sent to a collection agency. Is this true, or does it apply here also that the seven years begins 180 days after debt became delinquent? If so, I owe them nothing, right?

Does anyone have a statute that explains this in detail? I can't find one.

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I received a bill in the mail from Verizon yesterday on a)and account that closed in 1998 and b)was ID theft committed by my ex-husband. It would actually cost me more in child support to press charges than to pay the bill if he ended up in jail (child support payments are suspended) so I've been looking into other options.

I am reading that the SOL for charge-offs is 7 years, but what about debts at collection agencies?

This company (Afni) is telling me that there has been activity on the account over the last ten years, i.e. Verizon attempting to contact me (which they have not, to my knowledge) and that the statute of limitations begins again when sent to a collection agency. Is this true, or does it apply here also that the seven years begins 180 days after debt became delinquent? If so, I owe them nothing, right?

Does anyone have a statute that explains this in detail? I can't find one.

You are right! Charge-offs and collections fall off in 7 years from the last date of activity. Hopefully, no payments have been made since the last date of activity otherwise that date changes. For example, if the last date of activity was 7/1998 then they would fall off in 7/2005. Now, if there was a payment made in 6/2002, that would change the date to 6/2009! Hopefully, this hasn't happened. They still may try to collect but they have no power! 8-)

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The FTC lady I spoke with said that activity meant not just MY activity, but the OC's attempts to collect the debt. So, say my ex paid the last bill in 6/98, but the OC's continued to attempt to collect (however unsuccessfully) until 6/2003, then according to this woman I'm not past the SOL at all. Ever hear of that?

Also, how do I make them PROVE last activity if the debt is not yet at the Credit Bureau? It seems that in asking for validation, CA's can just send you anything they want and consider your debt valid. Do they need a bill or anything from the OC, or just whatever notes they happen to keep on you?

Thanks much!

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You are right! Charge-offs and collections fall off in 7 years from the last date of activity. Hopefully, no payments have been made since the last date of activity otherwise that date changes. For example, if the last date of activity was 7/1998 then they would fall off in 7/2005. Now, if there was a payment made in 6/2002, that would change the date to 6/2009! Hopefully, this hasn't happened. They still may try to collect but they have no power! 8-)

The 7 year reporting period starts from the date of "first delinquency" with original creditor, not last activity on the account. Even if you make a payment on the account with the collection office, that will not restart the clock in terms of the debt falling off your report in 7 years.

However, it will restart the clock on the time you can be sued for the debt. I resumed payments on a u.s. cellular bill and it fell off my report in 7 years despite "new activity" from my payments, even when I was still paying on the debt.

See collections and charged off accounts on the Experian site here:

http://www.experian.com/ask_max/deleting_information.html

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Folks, you're getting things a little confused here...and the FTC lady didn't help.

SOL = Statue of Limitations, which are state by state laws that MAY give you an affirmative defense if you are sued over a past debt. In some states, some kinds of activity by the DEBTOR can restart this clock. And, some states measure this from the OC's account...some from the junk debt buyer's.

Reporting Period = How long something can stay on your credit reports according to federal law. This is 7-1/2 years from the date of first delinquency...the date on which the account went delinquent and was never brought current. Since this law is slightly ambiquos, CRAs usually let things fall off at 7 years.

So...the bottom line is...this account should no longer appear on your credit reports. If it does, somebody is guilty of "reaging"...an FCRA violation.

On the other hand, being beyond the reporting period doesn't mean you no longer owe the debt, or that they will stop trying to collect.

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So...the bottom line is...this account should no longer appear on your credit reports. If it does, somebody is guilty of "reaging"...an FCRA violation.

On the other hand, being beyond the reporting period doesn't mean you no longer owe the debt, or that they will stop trying to collect.

I believe the account was reaged.

My hope, willingtocope, was if I can't get my ex to pay off the debt, that somehow magically I would no longer be responsible for it, to be honest. But if I HAVE to pay it, like I said, the amount of the debt is 1/10th of the amount I would lose in child support if ex went to jail for ID theft, so I guess that's ok. But not ok. Do you happen to know what kinds of activity by the Debtor can restart the clock?

I just don't want his debt appearing on my credit report.

Thanks for all your help everybody!

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Also, I can tell you from experience that the police will do nothing about the reporting. I had my wallet stolen and the person who stole it applied for credit 2 days later using my info and thier address. I got that address (in lake city, fl - right around the corner from jacksonville) and the cops could care less about persuing the ID Theft or theft of my wallet!

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