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not sure what state, the SOL on my debt applies


ssrider
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I have a credit card debt that I haven't made a payment to in about five years. I signed up for the card in Mass., but have lived in Cali. for about 5 years. The MA SOL is 6 years, the Cali. SOL is 4 years.

Also, I haven't received anything from the CA in a long time. I don't know if they know where I live and they do not have my phone #. The debt has ballooned to from $8,000 to $20,000 in the control of the CA.

I have no paperwork on the account, so I'm not sure of exact dates. It keeps being re-aged with the CRA.

Should I contact them with a DV? or let sleeping dogs lie until the Massachusetts SOL runs out?

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Leave it alone.. the SOL that you are under is where you currently reside.. so if you are in Cali as indicated in your postline THAT is the SOL you go by

It doesnt matter where you opened it or where you lived before.. if you have not heard LET IT GO... because if you do wake em up and you are within the SOL and make a payment you start all over again. the MA SOL does not go into play here at all.

they TECHNICALLY an sue in MA but my lawyer says is NEVER happens because they would have to sue you there and move the judgement to where you live now.. and the judge would have to know the MA laws.. trust me doesnt happen. So if you are still in Cali you are free and clear

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Well, on my CR it says past due as of Dec. 2007, reported since 02/2007, and date opened 01/2007. Nowhere does it say how old the account really is. I'm new to all this so forgive my lack of knowledge.

Thanx

Acct opened by CA(JDB) 1/07

First reporting to CRA's 2/07

Updated by CA w/CRA 12/07

That's not re-aging, just showing when the CA(JDB) received the account. And they are probably updating the CRA's monthly.

Any information on the OC? IS the OC still showing on your reports as a CO w/ $0 balance? You can contact the OC to get the DOFD and that would let you figure when it should drop off your reports. If the OC will not talk to you since they appear to have sold the account then you should be able to get the info from the CRA's. DO NOT CALL THE CA.

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The OC is not on the CR anymore. I have tried to contact them in the past to no avail. How should I approach the CRA about getting this info.?

A phone call should do it. But, if you are currently disputing this with the CRA's make sure that you inform them that you are not providing any additional information on your dispute, that you just want info only as that may add an additional 15 days to their dispute response time.

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You are confusing two different animals..,.. the SOL for being sued is NOT the same as reporting... the DOLA (date of last activity is what you need to look at but it will remain on your credit report for seven years)

Make no mistake they CAN sue after the SOL for that has run however you have an affirmative defense.. what that means is if they sue and you ignore it.. they win by default so you are not home free if you choose to ignore it.. many collectors do this because they depend on people no showing.. its free money.. so be aware YOU can be sued but you have a response.

Again reporting on your CR will remain for seven years.. regardless of the SOL for collecting.

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Once I have determined the correct age (I'm sure it's past the SOL), should I then pursue getting it off my CR? What's the first step to removing it from my CR? The CA is not bothering me, it's just hurting my credit.

Dispute w/ the CRA's first. You might get lucky and get a deletion. But it might also wake the CA up.

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I understand the difference between the SOL (4 years in Cali) and the date it comes off my CR (7 years), and I know they can still sue me. I guess what I'm asking is that if I haven't heard from them (CA) in a while, and I know it's past the SOL, should I contact the CA with a DV to try and see if everything's legit and maybe get it removed from my CR, or should I wait more years until it goes away on its own.

Experian says "scheduled to be on record until JUN 2011" But this would mean I would have had to make some sort of payment in 2004, correct? I don't recall making any sort of payment in 2004.

Once again, I don't want to spur the CA (UNIFUND, by the way) into action, but I would like to clean up my credit.

I hope I make sense, Thank you all for your help.

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sorry, nascar I didn't see your last post before I posted. I did an online dispute with the CRA and it came back as verified.

Did you call the CRA's and get the DOFD? If it is scheduled to drop in 2011 then someone is reporting activity in 2004. Did you make a payment large enough to bring the account current? I would make 100% sure that SOL is expired before messing with Unifund. They still may sue but being time-barred would be your defense.

Also, what exactly did you dispute withe CRA's?

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I guess I need to call the CRA'S tomorrow and get the DOFD.

When I disputed online (before I knew of this website) a few months ago, I just disputed that I didn't know who the CA was, and that I had no knowledge of the debt listed. Maybe that wasn't the smartest move.

You mentioned a "payment large enough to bring the account current", I thought a payment of any amount would start the time line over.

I don't recall making a payment of any amount in 2004.

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I guess I need to call the CRA'S tomorrow and get the DOFD.

When I disputed online (before I knew of this website) a few months ago, I just disputed that I didn't know who the CA was, and that I had no knowledge of the debt listed. Maybe that wasn't the smartest move.

You mentioned a "payment large enough to bring the account current", I thought a payment of any amount would start the time line over.

I don't recall making a payment of any amount in 2004.

A creditor is required by law to report the DOFD within 90 days of reporting a derog to your CR whether its the OC or CA(JDB). For reporting a derogatory on your CR's, the only way to extend the timeline would be to bring the account to a current status, then default again. There's an example on the CIC website but I can't find it at the moment. A payment that did not bring the account current could reset SOL. Not sure if this is the case in Cali though. Maybe one of the Guru's can jump in on that one.

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Not sure - it's dependent on California state law.

Most liekly, any payment will reset the SOL...but it's really a moot point, as OP doesn't plan on paying Unifund (good!)

Unifraud is one of America's Worst and I wouldn't doubt that they re-aged the account. Your next move would be dictated by the information you get from the CRA's on reported DOFD. Requesting an investigation with the CA under the FCRA section 623 would probably be the most prudent at this point.

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