crash5050 Posted February 9, 2012 Report Share Posted February 9, 2012 I guess the question is "What defines collection activities?" Obviously phone calls, letters etc,. but what about reporting negative to the CRA's. I understand that a negative Item may be reported to the CRA for 7.5 years, however, couldn't one argue that by reporting negative information be considered a collection activity. I seem to remember an FTC opinion letter but I cannot find it anywhere.David Link to comment Share on other sites More sharing options...
admin Posted February 9, 2012 Report Share Posted February 9, 2012 Is it 7 years past date of last activity? IF so, then the account should not be reporting on your credit report. If not, then I would send them a debt validation letter and remind them that they are past the statute of limitations. If that gets them nothing, I would send a letter to your state AG's office and cc them on the letter. Link to comment Share on other sites More sharing options...
crash5050 Posted February 9, 2012 Author Report Share Posted February 9, 2012 I sent them a debt validation letter, they signed for it, and ignored it, called me and told me if I wanted "Discovery" I would have to pay the document fees of 1.00 per page. I said yeah right, like I am going to give you a dime and restart the SOL? Link to comment Share on other sites More sharing options...
crash5050 Posted February 9, 2012 Author Report Share Posted February 9, 2012 I sent a followup letter with this in it. I hope they ignore it too, then we are off to court.The Rules of Civil Procedure of the State of Arkansas provide a Statute Of Limitations limiting the time frame for any legal collection activities.Under (A.C.A. §16-56-106) , the subject account has a 2 year limit for filing any legal action for collection of Medical Related Debts.Under the Arkansas (A.C.A. §16-56-106) continued collection activities, including reporting, verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted February 9, 2012 Report Share Posted February 9, 2012 The problem is, CR reporting has a different SOL than the state SOL for using the legal system to collect on a debt. They can also say that as long as they the credit report is reporting accurately what happened, that is not a collection activity. The collector can simply say that in the instance of reporting, federal SOL trumps the state law.Finally, passing the legal SOL does not mean that a collector cannot call you and ask you to pay a debt. In many states now, they have to tell you that the debt is out of SOL. Of course, you can laugh in their face and tell them where they can shove that debt too if the SOL has expired.I think you are on shaky ground but that is my opinion and you can take it for what it is worth. Link to comment Share on other sites More sharing options...
crash5050 Posted February 9, 2012 Author Report Share Posted February 9, 2012 Oh well, I have lived my entire life on shaky ground, that has what has gotten me into a situation that I am subscribed to a Credit Repair board LOL.... It just p*S&&es me off that they wouldn't take a pay for delete...David Link to comment Share on other sites More sharing options...
crash5050 Posted February 9, 2012 Author Report Share Posted February 9, 2012 The problem is, CR reporting has a different SOL than the state SOL for using the legal system to collect on a debt. They can also say that as long as they the credit report is reporting accurately what happened, that is not a collection activity. The collector can simply say that in the instance of reporting, federal SOL trumps the state law.Finally, passing the legal SOL does not mean that a collector cannot call you and ask you to pay a debt. In many states now, they have to tell you that the debt is out of SOL. Of course, you can laugh in their face and tell them where they can shove that debt too if the SOL has expired.I think you are on shaky ground but that is my opinion and you can take it for what it is worth.I would think that since this is an Arkansas Collection Agency, they would fall under Arkansas Rules. Link to comment Share on other sites More sharing options...
legaleagle Posted February 9, 2012 Report Share Posted February 9, 2012 I agree, AR law should apply. I assume the hospital where the debt occurred is in AR, so is the collection agency, so AR SOL should apply as this is the "forum state." Coltfan will know, insurance was his field and he is from your state. I think collection activity is defined in the FDCPA statute. Link to comment Share on other sites More sharing options...
crash5050 Posted February 9, 2012 Author Report Share Posted February 9, 2012 If I could find that FTC opinion letter, and someone willing to help me draft a complaint, I would take the shaky stance and sue them in s,all claims court. I Know I read that somewhere, I just cannot find it.David Link to comment Share on other sites More sharing options...
legaleagle Posted February 9, 2012 Report Share Posted February 9, 2012 Federal Trade Commission Link to comment Share on other sites More sharing options...
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