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I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina.

 

The SOL in each state is as follows:

 

Arizona (Where I lived at the time I got the card):

6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010).

 

Montana (Where I opened the card):

5 years

 

North Carolina (Where I currently live):

3 years

 

Nebraska (Location of the original Creditor):

4 years

 

What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)?

Which state holds the SOL?

If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt?

Should I send a validation letter?

 

Thanks in advance!

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What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)?

 

There isn't much you can do.  It currently IS an open collection account so they can report it.

 

Which state holds the SOL?

 

North Carolina where you currently reside for the lawsuit because that is where they would have to file the case.

 

What you need to know is there are TWO SOLs.  One for suing you which has expired in NC and gives you an affirmative defense if they were to sue.  The second SOL is the FCRA one that allows them to report the debt/collection for 7 years 6 months from the date of default.  If your last payment was in January 2010 then legally both the original creditor, any collection agencies they hire, or a junk debt buyer they sell to can report until July 2017.

 

Should I send a validation letter?

 

You can but they are not required to respond to it.  The FDCPA only requires they respond to a DV sent within the first 30 days after they initially contact you regarding the debt.  You finding it on your credit report is not considered initial contact with the consumer.  If they are updating monthly they probably will respond and all DV requires is that they give you the amount you owe, the name of the OC and their address if you request it.

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Thanks for the information! As far as I know, I have never been contacted by this company, but who knows I probably was years ago and just tossed it in the trash like an idiot. 

 

Should I send a validation letter to the credit bureau, in hopes that they will not be able to validate this debt and remove it from my credit, or just wait it out?

 

Thanks

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@azsnow

 

You would not send a "validation" letter to the credit bureau.  That's a debt collection term and is a letter sent to debt collectors. 

 

You would send a dispute notice to the credit reporting agency (CRA).  Look on the CRA's website for dispute procedures.   You'll need to dispute information provided by the collection agency. 

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