babygirl87

Question about Statue of Limitations

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I have this one agency trying to collect a debt on three different accounts but they are all way past the Statue of Limitations. How would i go about handling this. They are still reporting negatively on my credit report.

And other question once a debt is paid off do you have to wait seven years for it to come off or does it come off once you pay it off?

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I am in the same situation.

One of my delinquent accounts is being collected and the SOL expired last year.

From what I have read in this forum, they can continue to collect it. They just cannot sue you to pay them.

My question now is whether they are allowed to report negative mark on my credit to the credit bureau even after the SOL expired?

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They can attempt to collect forever. No law against that. Depending on how old it is, and what you want to do with it there are several options. Outside the SOL but within the 7/180 it may end up on your CR so proceed with caution. Past that, personally I tell them to pound sand.

They can only file suit before SOL is up. They can report it on a credit report for 7 years and 180 days from last activity or first delinquincy (forget which way that is).

If the company reporting agress to delete it for payment, then it will drop when they provide the CRAs the info. Some do it regardless. Others will continue to report it as long as they can, just to be a PITA.

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They can attempt to collect forever. No law against that. Depending on how old it is, and what you want to do with it there are several options. Outside the SOL but within the 7/180 it may end up on your CR so proceed with caution. Past that, personally I tell them to pound sand.

They can only file suit before SOL is up. They can report it on a credit report for 7 years and 180 days from last activity or first delinquincy (forget which way that is).

If the company reporting agress to delete it for payment, then it will drop when they provide the CRAs the info. Some do it regardless. Others will continue to report it as long as they can, just to be a PITA.

I see. I will monitor it after the expected removal in 2013. Thank you RAMBLER! You have been very patient and useful in answering our questions.

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They can attempt to collect forever. No law against that. Depending on how old it is, and what you want to do with it there are several options. Outside the SOL but within the 7/180 it may end up on your CR so proceed with caution. Past that, personally I tell them to pound sand.

They can only file suit before SOL is up. They can report it on a credit report for 7 years and 180 days from last activity or first delinquincy (forget which way that is).

If the company reporting agress to delete it for payment, then it will drop when they provide the CRAs the info. Some do it regardless. Others will continue to report it as long as they can, just to be a PITA.

In addition to what Rambler says here, I believe that they can actually attempt to sue you *after* the SOL expires. You then have to raise the issue of SOL in your *ANSWER* in order for that to be included in your defense. If you don't raise it in your *ANSWER* you lose that right.

So to recap - there are 2 SOL's. The one about suit, and the one about when it comes off your Credit Report, which is 7 years + 180 days from the date of first delinquency.

But yeah, they can try to collect on this forever. If they bother you after the SOL's have expired, just send em' C&D letters. By the way, this makes for excellent opportunities for FDCPA violations, and those *you* can sue on...

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Just don't let them trick you into paying even one dollar on it, as in some states that can restart the SOL. They can trick you many ways. One is to try and convince one of your family members into making a payment for you making them think they are helping you out.

Another would be to try and get you to sign up for one of their credit cards without you knowing that it will add your old bal. to it.

They have been known to supposed make a payment of a few dollars to wards the account to restart it, yet you won't know where the payment came from. These are the lowest of the low slime balls. Just becareful and always DV any new creditor that sends you a dunning letter.

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Just don't let them trick you into paying even one dollar on it, as in some states that can restart the SOL. They can trick you many ways. One is to try and convince one of your family members into making a payment for you making them think they are helping you out.

Another would be to try and get you to sign up for one of their credit cards without you knowing that it will add your old bal. to it.

They have been known to supposed make a payment of a few dollars to wards the account to restart it, yet you won't know where the payment came from. These are the lowest of the low slime balls. Just becareful and always DV any new creditor that sends you a dunning letter.

IF they have tricked a family member to paying on your behalf without your knowledge, can you cite/sue them a FDCPA violation?

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Just to clarify

As RockDaddy said they can file a suit against you after the SOL is expired. You will ahve to answer and show it is a time barred account.

The reporting period has nothing to do with SOL. It is dictated by Federal law (well a few states have laws pertaining to it as well).

The CC scam I believe has been found as deceptive and coerhesion (sp). I'll have to see if I can find the article I read that had the case law on that. If so, then that would be a violation.

If they speak with any family member besides a spouse and tell them details of the account and ask for payment, that is a violation of FDCPA and if they use that to restart the SOL I am pretty sure that would be a good defense against the restarting of the SOL since it was done in violation of Federal law using deceptive, unethical, and illegal practices.

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In addition to what Rambler says here, I believe that they can actually attempt to sue you *after* the SOL expires. You then have to raise the issue of SOL in your *ANSWER* in order for that to be included in your defense. If you don't raise it in your *ANSWER* you lose that right.

So to recap - there are 2 SOL's. The one about suit, and the one about when it comes off your Credit Report, which is 7 years + 180 days from the date of first delinquency.

But yeah, they can try to collect on this forever. If they bother you after the SOL's have expired, just send em' C&D letters. By the way, this makes for excellent opportunities for FDCPA violations, and those *you* can sue on...

So in the cd letters would you put its past sol? And when they ask for proof can you show your credit report where oc put the date it became deliquent to work?

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Not sure on the general theory on this, but I wouldn't add it to a C&D letter. If you are disputing anything else, then yeah you might want to. A C&D letter I would keep short and sweet.

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This is a great point. I hate to hyjack, but I have a question that this goes along with. The SOL starts after the first delinquency with the oc?

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This is a great point. I hate to hyjack, but I have a question that this goes along with. The SOL starts after the first delinquency with the oc?

Depends on state statutues. But generally speaking it's the date of first delinquincy leading up to the current account status.

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