kutuzov

Can debt collectors pull your credit after the 7 years mark?

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I have not found a clear answer to this. So your debt it's outside the reporting period for your credit report, and outside of SOL for them to sue (I know they can still sue but it will be just a paycheck for me). Most of my collections have been deleted or are starting to fall off the credit report, between nov 2015 and feb 2016, they will all fall off, or else I'll need to dispute them. Anyways can they still pull your credit after they fall off? I got a law firm doing a soft pull on nov 2014, way after the SOL was over. But in general debt collectors stoped pulling the credit report at the 5 year mark from first delinquency.

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@kutuzov

 

Debt collection is a permissible purpose under the FCRA, but considering the account is not on your CR, I don't know why they'd be pulling it unless it's to verify certain personal information such as your address.  That would be allowed.

 

Since it was just one pull and a soft inquiry (not seen by others), I wouldn't worry about it.

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Regardless of SOL and CR reporting periods, you technically still owe the debt. The collector's options for collecting are just limited. I do think therefore that a collector would have the right to look at your credit report as a business activity.

The question is, does the pull really do anything. I did not think that soft pulls caused an issue with the score or were seen by other creditors so you might not really have a case where harm was done to you.

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I'm not planning on take them to court. In fact I believe it's just a waste of their $$ to do a soft pull, it's just a general question. For what I read it does not make it illegal so I would guess they can.

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Some have made the case that once the debt is beyond SOL, they have no legal right to pull your credit. What would they need it for? They can't use the information to sue you, so there is no legal purpose for having the information.

 

When this happens to me, I would file a suit for FCRA violations to get rid of these people for good. With all of the "hacking" of company servers, I want to limit who has copies of all my personal, private, financial and ID information as possible. Those who randomly pull my personal information illegally should be dealt with accordingly.

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@fisthardcheese

 

I disagree.  Just because an account is outside the SOL doesn't mean a CA can't attempt to collect.  All the law firm has to do is claim they were verifying the OP's address or some other information that was in his credit file. 

 

They only pulled one time.  In order to get statutory damages, the OP would have to prove they willingly violated the FCRA in some way.  Absent that, he'd have to show actual damages which would be nonexistent due to a soft inquiry.

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@fisthardcheese

 

I disagree.  Just because an account is outside the SOL doesn't mean a CA can't attempt to collect.  All the law firm has to do is claim they were verifying the OP's address or some other information that was in his credit file. 

 

They only pulled one time.  In order to get statutory damages, the OP would have to prove they willingly violated the FCRA in some way.  Absent that, he'd have to show actual damages which would be nonexistent due to a soft inquiry.

 

I did some more searching, and yes, you are right @BV80 , they can likely pull beyond SOL.  What I was thinking about was a case where someone had reached a settlement with the JDB, yet they continued to pull.

 

In a case like this, which is beyond SOL, I would be poking and prodding the JDB to get them to violate in someway so I can force a mutual walk away type of settlement to put an end to their shenannigans.  But that's just me.  :)

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I got all collectors with a cease and desist, so they will need to sell an out of every SOL, and disputed debt, to some very bottom feeder to attempt to collect, since those guys work from moms basement, I doubt I'll ever see a lawsuit on those any time in the future.

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