Nessa_r4

Disputing CA from Experian...

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I have a question,

Does disputing info through a CRA reset the SOL of the CA i'm disputing? I recently disputed a 6 year old debt, online through Experian. It came back verified. Then, for the last 6 months they've been reporting every month as Key Derogatory. They haven't reported on it for years, and now they are. I think since they are doing it every month, it make the account look worse. However, in California, the SOL is 4 years. Wouldn't be reporting on this be breaking the law, as reporting is a collection attempt? Or, did the SOL reset?

I will be really disappointed if it did, because the amount is over $1000. But i disputed it online as not mine, and never admitted anything or paid anything...

Thanks in advance.

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No, it doesn't reset the SOL. SOL runs from date of first delinquency. They can report for 7 years. If it was 6 years old 6 months ago it should drop off in another 6 months or at the 7 year point.

The CA sounds vindictive. If it is outside the SOL, they don't have anything to gain. I would let the time pass. If anything, I might dispute it as "obsolete."

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Apples and oranges.

SOL is state law which details the time period a valid lawsuit may be filed to recover money owed and lays out the ramifications, which may include wage garnishment, bank account/asset seizure and liens against real property. It varies by location and by account type. There are actions a consumer can take which may reset SOL. You need to become familar with your state's law to find out what those are. I've never heard that disputing is one of those, but you should find out for sure in your specific case. SOL has little bearing on credit reporting.

Reporting Period is detailed in the federal FCRA 1681c, Subsection 605. The FCRA regulates the info which appears on your CR.

"...reporting every month...make...worse..."

Updating a derogatory account makes the TL 'worse' only to your credit score. FICO-based programs mistakenly use the 'date last reported' to gauge the recentness of the collection. It's a glitch, but one that works in the favor or lenders/creditors, so it's unlikely to change.

When a consumer disputes a derog TL, it's either suppressed or updated to reflect the results of your dispute. It's up to the Data Furnisher whether they wish to report once or report each month for the full RP. Unfortunately, you're experiencing the latter. But it's not illegal

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I'm sorry,

I didn't mean if it resets the SOL from the reporting time. I know it can only stay on the report for 7 years. it actually is supposed to fall off in June. YAY! But, I was wondering if it reset the SOL for collecting in California. Meaning, can they go after me now, and try and get a judgment against me or anything? Is it legal for them to pursue collecting? And, if not, isn't reporting and updating every month on my credit report an act of collecting, so wouldn't they be breaking the law?

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Don't be sorry...you're in the learning curve. SOL has little bearing on collection efforts. It's about being sued and the ramifications. Collection efforts can continue pretty much indefinitely, unless you're in one of the 2 states which also have a Statute of Repose. California isn't one of those states. SOR details that once SOL has expired - the debt is extinguished. THAT stops collection efforts, along with paying the underlying debt.

The expiration of SOL also doesn't guarantee you won't be sued. You would have to go to court and raise the post-SOL defense.

"...Isn't reporting...an act of collection..."

Nope. Reporting is reporting. It's covered under the FCRA. Everything you need to know is there. It's recommended reading.

You should be able to search the internet for California SOL law. I'd recommend that you read as much as you can. An exampe: In Florida, making payment arrangements can reset SOL, along with moving out of state, then back to the state - that tolls SOL for the time period the debtor was absent from the from the state.

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I find it highly doubtful that disputing a TL within your rights under federal law could reset a state's SOL.

The CA hasn't contacted you.

Highly unlikely you get sued outside the SOL for $1000. It is going to fall off your report in June. Unless you hear from the CA, I would forget about it.

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You should be able to search the internet for California SOL law. I'd recommend that you read as much as you can. An exampe: In Florida, making payment arrangements can reset SOL, along with moving out of state, then back to the state - that tolls SOL for the time period the debtor was absent from the from the state.

Now i'm curious. i've looked around and haven't really found what i'm looking for. With your example from Florida, what happens if you move out of the state, but stay out of the state for good?

Most collection agencies are from another state anyway, so i don't see why that would matter

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If a consumer moves out of FL, or one of the other states wherein this is applicable, and doesn't move back, the SOL runs out at normal expiration. The consumer might be sued under their new state's law, or under prevailing state law listed in the contract or account agreement.

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That's good to know. I read that in Cali, even a partial payment won't reset the SOL...

And since, we're not moving back to Cali EVER, it shouldn't put the SOL on hold...

But if someone decided to come after us, and sue us, would they be able to do it in our old state still? And require us to travel that far to be able to defend ourselves? Because it wouldn't be possible for us to do that....

But anyway, since this is the Credit Bureaus/reports section, I have another question relating to that... Is it wrong for Experian to dispute a CA, and have it come back saying Dispute verified and remained unchanged, yet all the information about it disappeared and went to NO STATUS. To me, that is a change.... I don't really no what to do about that.

And also, I read somewhere that collection accounts can't have a status OPEN, yet they almost ALL do! And it said the date opened has to be the date the original account was opened? But all the CA have it listed as the day they started reporting.So it all looks a lot newer than it is.. I disputed everything, but they all came back verified. What can I do about that?

I'm sorry, i'm just so confused. Please help. Thank you

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