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How to find the Date of First Delinquency?


lolah
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The "drop off your credit reports" date is based on the DOFD. The SOL in Ohio is 15 years, so it probably doesn't matter much what starting date you use.

All OC's should show DOFD on your reports...but to approximate it, look for the first "30 day late" indicator.

Thanks for the info, but that does not help. Most of these don't have the "30 day late" indicator. Not sure why? And, they fall under the AR SOL, which is 3 years - and, it's almost up!

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If you live in Ohio now...the SOL is going by Ohio. I lived in Louisiana awhile ago and most of my bills are from La. Some had even quit trying to collect on me. Then I moved to Ohio and most started back up.

My DH's providian account was made and defaulted on in Louisiana. Way pass the SOL now, but when we moved here...it started all over again. They even sued us.

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Doesn't seem right. SOL should be IMO determined by whatever state you are in when you signed or agreed to the contract, with exception to open accounts, since they are "open."

Sounds like the Supreme Court needs to rule on this. I guess if this is true, I'll temporarily move to a state where the SOL has passed to get my medical collectors off my back. Moving would be cheaper than paying 'em.

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If you live in Ohio now...the SOL is going by Ohio. I lived in Louisiana awhile ago and most of my bills are from La. Some had even quit trying to collect on me. Then I moved to Ohio and most started back up.

My DH's providian account was made and defaulted on in Louisiana. Way pass the SOL now, but when we moved here...it started all over again. They even sued us.

Not according to THIS post. Still trying to figure out what publication it came from so I can reference it.

AND - to restate my original question - How do I determine to DOFD? My CR only shows 'Date Open', 'Date Reported', and 'Balance Date' - which is blank.

The date reported is not correct, as it is recent and most of these have been in collections for at least 2 years.

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Are you looking at an OC's TL or is this a CA / JDB?

On real live CRs (not the tri-merger kind), OC's show all dates. CA / JDB's get sneaky.

As for the SOL thing, as the post you mentioned alluded to, you have to get the judge to understand the law. The FDCPA gives the creditor the choice of WHERE to sue you...where you opened the account, or where you live. Guess which one they'll pick?

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You need the Original Creditor's Tradeline history for the account. The first 30day late that THEY reported is your best indicator... a public statement made by them as to what they see as DOFD.

When you get the full hard copy credit report, it usually has the full account history listed.... a bunch of dates, status's listed. Usually starting with the 30 day, moving to 60-90-120-chargeoff. if you aren't getting this, then ask the CRA for it, if they refuse get a subpeona from your local district court for the entire contents of you file, and all communications from data furnishers accessing/reporting to your account. This is hardball, but if they refuse to tell you what they are required by law to tell you, you have a right to sue under the FCRA, and this requires discovery in order to determine the violations, and that is your justification for the subpoena... at which point you get the info you wanted in the first place and then dont sue.

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Are you looking at an OC's TL or is this a CA / JDB?

On real live CRs (not the tri-merger kind), OC's show all dates. CA / JDB's get sneaky.

As for the SOL thing, as the post you mentioned alluded to, you have to get the judge to understand the law. The FDCPA gives the creditor the choice of WHERE to sue you...where you opened the account, or where you live. Guess which one they'll pick?

I am talking about collection agencies. I looked at the OC and the CA and neither have the delinquincy date on there - on 2 of my reports. :confused:

Experian has the most information to go with.

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Well, you'll have to wade through the rest of the Ohio laws to figure out what date actually starts their SOL. Some states use DOFD, some use last payment, some use last activity.

Since if they sue, they'll probably sue in Ohio...you'll have an uphill fight anyway. You can use discovery with the OC to establish DOFD...and then, you'll need to convince the judge that the shorter SOL applies. Sounds like a tough fight to me.

You might go to www.naca.net and see if you can find a consumer lawyer in Ohio that will talk to you...

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Since if they sue, they'll probably sue in Ohio...you'll have an uphill fight anyway. You can use discovery with the OC to establish DOFD...and then, you'll need to convince the judge that the shorter SOL applies. Sounds like a tough fight to me.

I am not sure why as the SOL in Ohio for Open accounts is 4 years...only 1 year more. The 15 years is for a written contract, which only my car payment falls under. That, I am current on.

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Your original post didn't really identify what kind of debt we're talking about. I assumed it was a CC. Ohio courts have held that CCs fall under the 15 year rule. Ohio has the worst consumer laws in the country.

Oops, sorry about that. I have no credit card debt...all mine are either Negatives included in BK or collections. You are right, Ohio's laws are the worst. Wish I would have known about credit repair laws and SOL's before moving here! :evil:

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If you live in Ohio now...the SOL is going by Ohio. I lived in Louisiana awhile ago and most of my bills are from La. Some had even quit trying to collect on me. Then I moved to Ohio and most started back up.

My DH's providian account was made and defaulted on in Louisiana. Way pass the SOL now, but when we moved here...it started all over again. They even sued us.

I think you are wrong on this one ! SOL goes by where the contract was signed

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Maybe your right jrdejavux but the courts would not throw out my case based on SOL.

From what my attorney said Ohio does not have a "BORROWING" statute.

The defination I found for that is:

IF YOUR FIRST DEFAULT WAS IN A "SHORTER" SOL STATE,AND YOU ARE NOW IN A "LONGER" SOL STATE, YOU MAY BE ABLE TO USE THE "SHORTER" SOL-SEE YOUR STATE'S "BORROWING" STATUTE

Maybe someone on here knows why in clearer terms. I don't.

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