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SOL question


leanordjenkis
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Alfie here. Also a newbee and terribly excited about this website.

Here's the question:

I have a ComCast cable debt, $651, that my credit report says was opened in 3/2002 and reported on 5/2002. Since I'm a complete retard and don't understand how SOL's work, should I wait until March to see if the item disappears? I live in Texas now but this happened in New Mexico and I believe it would be six years, right?

Should I even dispute at this point? Validate? Help!!!

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It's too old to worry about at this point. It will fall off soon. Start working on other items (if there are any) that are newer. You have to prioritize the items according to your own situation, but I like starting someplace in the middle, items that the OC might not bother to reply on.

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SOL for reporting is 7-7.5 years. If your DOFD was at some point in 2002, the item isn't going to fall off until somewhere in 2009. Although the SOL for bringing legal action may differ from state to state, the reporting SOL is Federal and doesn't change...

If you are out of SOL (I'm not hip on TX laws so I'm not sure what the State SOL's are) on the debt and have a pressing need for it to come off prior to 2009, go for it.

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SOL for reporting is 7-7.5 years. If your DOFD was at some point in 2002, the item isn't going to fall off until somewhere in 2009. Although the SOL for bringing legal action may differ from state to state, the reporting SOL is Federal and doesn't change...

If you are out of SOL (I'm not hip on TX laws so I'm not sure what the State SOL's are) on the debt and have a pressing need for it to come off prior to 2009, go for it.

SOL for Texas is 4 years

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SOL for Texas is 4 years

So what you're saying is that a cable bill is an 'open account' not a written contract, right?

If it is, then it should only be four years and I should go for trying to get it removed?

Then my first step is to send one of the sample letters here to tell them that the SOL is up and they should remove it, correct?

Thanks.

Sincerely,

A complete retardxdancex

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So what you're saying is that a cable bill is an 'open account' not a written contract, right?

I fought that here and for me, it was written. When they came to install my cable, I signed paperwork...

If it is, then it should only be four years and I should go for trying to get it removed?

That 4 years isn't for reporting - it's for bringing legal action against you. Items can remain on your CR's for 7-7.5 years. That's federal, not regulated by state.

If so, then my first step is to send one of the sample letters here to tell them that the SOL is up and they should remove it, correct.

Nope. They don't have to remove it. They can't actively bring suit against you.

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Well SOL for legal action is up - it appears as though you're in the clear on that one...Although there are many residents of TX on these forums who can clarify that for you.

If you're pushing to have this removed prior to 2009, you can attempt to get documents and/or catch the CA in some type of screw-up to have it deleted...

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How long does a creditor have to collect on a debt? Can they collect after the statute of limitations has run out, and if not what case law supports this?

They can collect forever. SOL nor expiration of reporting period extinguish the debt except in states with Statute of Repose (MS & WI). You still owe it but they have no teeth to collect.

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Thanks Nascar Devil,

What do you mean that they have no teeth to collect? I was under the impression (apparently wrongly) that CA's cannot collect on a debt that has exceeded the 7 year stretch. What about charge-off's? Can they collect still if an item has been charged off? And finally, if you can help me, can you have child support agencies report positive payments, or even have them removed from your bureau. My husband has this issue, and I'm trying to help him improve his bureau as well as his credit.

Thanks for any and all help!!

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Thanks Nascar Devil,

What do you mean that they have no teeth to collect? I was under the impression (apparently wrongly) that CA's cannot collect on a debt that has exceeded the 7 year stretch. What about charge-off's? Can they collect still if an item has been charged off? And finally, if you can help me, can you have child support agencies report positive payments, or even have them removed from your bureau. My husband has this issue, and I'm trying to help him improve his bureau as well as his credit.

Thanks for any and all help!!

They can continue to collect forever, however once a debt has reached the SOL for your state, trying to take you to court on it would be stupid on their part since they are beyond the time they can legally do that. They can bug you forever though.

Charge offs can be collected forever too and are often sold from JDB to JDB and just when you get rid of one, they sell it and you have to start the process all over again.

You can request that the CRA report a specific thing, however I believe they charge for sending out a request for information to someone.

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They can continue to collect forever, however once a debt has reached the SOL for your state, trying to take you to court on it would be stupid on their part since they are beyond the time they can legally do that. They can bug you forever though.

Charge offs can be collected forever too and are often sold from JDB to JDB and just when you get rid of one, they sell it and you have to start the process all over again.

You can request that the CRA report a specific thing, however I believe they charge for sending out a request for information to someone.

To be clear on what Broke said, you can still be brought to court, even decades later, so if summoned you'd better respond. Otherwise they can get a default judgement, SOL run, or not. SOL means you have a affirmative defense against the suit, but you have to go to establish this. I've read on this board where people have had these default judgements. Some underhanded collectors have even claimed notification and gone to court without the defendant aware it had happened.

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To be clear on what Broke said, you can still be brought to court, even decades later, so if summoned you'd better respond. Otherwise they can get a default judgement, SOL run, or not. SOL means you have a affirmative defense against the suit, but you have to go to establish this. I've read on this board where people have had these default judgements. Some underhanded collectors have even claimed notification and gone to court without the defendant aware it had happened.

That's why you never ignore a dunning letter. With the sheer amount of worthless paper floating around, you just never know what 20 year old zombie debt will pop up unexpectedly and the lies they will tell you to get you to pay.

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That's why you never ignore a dunning letter. With the sheer amount of worthless paper floating around, you just never know what 20 year old zombie debt will pop up unexpectedly and the lies they will tell you to get you to pay.

Lies..... why my goodness, do CA's tell lies??? :twisted:

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