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Credit Bureau Central collection


CAbadass
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I have a collection from Credit Bureau Central on my credit report. The account is outside of the SOL for a Nevada account, but they refuse to eliminate the record from my credit reports. I am trying to figure out what the next step would be to attempt removal of this account. I sent them a verify letter at this point. They have responded with a small piece of paper showing the amount they say I owe. What should I do next?

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It is a Collection Agency that is trying to collect. I thought if it is outside of the SOL, and in Nevada, SOL is 4 years on open accounts, that a collection agancy would be trying to collect on zombie debt, which I thought the FDCPA made illegal.

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Nope. The Reporting Period for bad debts runs for 7.5 years after the date of first delinquency with the original creditor, as defined in the FDCPA. The Statute of Limitations is a state law which is entirely different.

And, even once the SOL is up, the debt is still collectible (except in WI and MO). All the SOL means is, if they sue, and you show up, and the judge agrees, they don't get a judgement...but even then, they can try to collect.

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It is a Collection Agency that is trying to collect. I thought if it is outside of the SOL, and in Nevada, SOL is 4 years on open accounts, that a collection agancy would be trying to collect on zombie debt, which I thought the FDCPA made illegal.

It is a FDCPA violation to sue or threaten to sue on an OOS debt. It is not a violation to ask for the money, to report to a CRA or do any other act other than sue or threaten to sue (or any other FDCPA/FCRA violation).

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I might consider sending a "cease communication" letter to CBC. That usually tips their hand to either send it back (easier if they are a CA rather than a DB), sell it (it's junk for sure now, so the buyer is definitely a JDB), or sue (can be done past SOL in most places as SOL is just a defense, but countering with FDCPA should be tossed in, too). But some will just archive it and leave it on the CRs hoping you might come back later to remove it. I would also make sure to dispute it and verify the dispute indication is on the CRF.

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If you are going to send a C&D, send a letter that says, "I refuse to pay this debt" and leave it at that. That triggers an automatic C&D and they are a ton more likely to violate that type of C&D than if you spell it out for them.

I did that a few weeks ago and immediately got a follow up phone call FDCPA violation out of it, which an intent to sue (with a copy of the federal complaint attached of course) went out to them on Thursday.

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