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Statute of Limitations and false reported dates, how to fight this?


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I have some charge offs that are over 6 years old, the statute of limitations in my state (MA) is 6 years. I am now getting ready to request they come off my credit but... I see that they have all been last reported within the last 2 years. I have made absolutely NO attempt to communicate with any of these companies, either thru phone, mail, or any other method whatsoever.

So from what I read the statute applies to the last reported activity. But I don't understand how these collection agencies are reporting any activity when I have not contacted them in any way. How do I even begin to fight this?

Also I'm considering just getting a consumer attorney to handle all of this, has anyone done it this way?

Thanks much.

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Depends what you have. I am assuming these are old debts that are now in teh hands of a CA or a JDB, and the latter two are reporting the DOLA as the date they received them from the OC. You can try to clean up old addresses then disputing as " Not mine" If not, and you are **** sure they are post SOL, wait til they get past tht 7 years then dispute and/or sue.

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SOL has nothing to do with when an item comes off your report. SOL has only to do with the period of time a creditor can pursue legal action (judgement) against a debtor. All items on your credit can legally stay there for up to 7 years. 10 years for a BK, I believe.

From here your first step is to DV the CA and dispute items with the CRA's at the same time. There's a TON of information in the forums on how to do that. Do a search for it, you'll find that it'll probably be easier than you expect. Good luck!

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Thanks guys. Let me clarify, I am specifically asking about SOL for being sued, I'm not asking about them being reported. I just pulled my credit and found that all these old charge offs fell off, yes it's been over 7 years.

The reason I asked is I just received a letter from an attorney/CA for an old charge off for 11k for an old credit card. I'm reading up on what I need to do to fight it. I have an old credit report from about a year ago where this CA put my last activity a year before that. Keep in mind that in the last 7 years I have NEVER contacted them or paid anything.

So with that in mind, if I step into court and cite the SOL I'm assuming I will have to prove the beginning of the SOL? Is there any onus at all on the CA to prove that I am not out of the SOL? Do they have to prove their last date of activity is really activity?

On top of that I now have to figure out the last date of activity with them being OFF of my credit, how do I go about that?

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I just found an old credit report, from Jan 06. I see the account on there, but it's quite odd, it shows the following conflicting information:

Opened 10/2005

Closed 10/2000 (not a typo)

Reported 12/2005A

Max Delinquency 11/2003 Charged off

Last Activity Blank!

I don't understand the conflicting numbers at all. The closed date of 10/2000 is about the date I stopped paying it, the other dates make no sense. Will the closed date be enough to establish a SOL of 6 years? Keep in mind that it just fell off my credit, shouldn't that be proof that it's over 7 years old?

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The statue of limitations is determined by the State that you live in. Do a search on here for individuals states SOL. That's where I would start. If they are outside the SOL then you can repond to their letter accordingly, stating the laws that specifies the SOL and that they are SOL. ;-)

In the mean time you can do two things -

A) DV the CA on the grounds that they have 're-aged' this account, which is illegal. That are only allowed to REPORT on your credit for 7 years, so whether or not they are in the SOL has nothing to do with the amount of time it can stay on your CRA. Depending on your state, they can go after a judgement even after the 7 years is up. If they recieve a judgement against you, techincally they can put it back on your credit.

B) Dispute with CRA's including a copy of that credit report stating that 1) the Date Closed was over 7 years ago therefore 2) the Opened Date is inaccurate & is considered reaging, which is a violation of credit laws. (not sure which one, maybe someone else can chime in where I left off).

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As I mentioned before, this debt is NOT on my credit report, zip, nada, nothing. It has fallen off automatically due to the 7 year rule for the CRA's.

Now the weird part is the last activity space is blank.

I've stated that the SOL for MA is 6 years, I'm well past that and have never payed or contacted the company in the past 7 plus years.

So my dilemma is proving that the SOL started 7 years ago. Now if I show a Judge proof that the debt has fallen off my credit, thus being at least 7 years old, isn't that enough? Doesn't the burden of proof then switch to the CA who has to prove that I payed something and reset the SOL?

My problem is proof, I dont have that last bill, or any credit report other than the one I mentioned that is a year old and has the conflicting information and a blank last activity. Should I write the CRA and ask for some kind of a letter telling me when the delinquent date on the account was? I would assume they would have it since this debt automatically dropped off my credit, they would have to have some kind of date to age the debt.

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First and foremost, you need to send the attorney debt collector a DV. Hopefully it is within the first 30 days of getting their letter.

They have to prove that they are even entitled to collect the debt. This also protects your rights.

If the SOL has run, as well as the reporting period, more than likely they will just go away.

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Honestly, I would take my chances with the report that you already have that shows the obvious and the errors. Send it to the CA/Attorney, see what they say. If it does go to court, yes, they will have to show that you paid something on the account thus restarting the SOL. Besides, how would you prove that you didn't pay?

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