Collection acct still on my CR even tho SOL is up

Submitted by littlelady on Fri, 07/25/2008 - 02:59
Forums

I have an old account from 1997 with a balance of $282 that is still showing my CR. The SOL for my state is ten years.

What do I do to get it off of my report? Would paying it off be my best option?

no way, this will start the seven year reporting on your credit report all over again!!!! Do Not Pay. Depending on what state you live in the statue of limitations may have already expired.

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Fri, 07/25/2008 - 13:18 Permalink

Yes I agree...please do not pay it unless you want it on your report for another 7 years.

Fri, 07/25/2008 - 15:34 Permalink
best buy credi… (not verified)

Paying off old debt, will restart the clock on the collection activity for that account. The law states the LAST ACTIVITY. which includes payments. You are doing an injustice to yourself by paying a old debt. Have them removed instead. Don't assume your credit score will increase, because you paid on your debt, it will not. These items on your credit report must be deleted, to have your score raised.

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Fri, 07/25/2008 - 16:39 Permalink

littlelady,

was he account opened in 1997 or was the last payment in 1997? Information can only stay on your CR for 7years and the SOL is from the last date of mutual activity or last payment + 6 months

If the last payment was in 1997 then send the CA a FOAD letter and dispute the listing with the CRAs

Sat, 07/26/2008 - 00:13 Permalink

The law states the LAST ACTIVITY.

Show me the law that says that.

Sat, 07/26/2008 - 00:46 Permalink

If you are referring to my post: FCRA § 605. (C)

(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

Sat, 07/26/2008 - 01:09 Permalink

:)

No, I was referring to the poster who appears to state that a payment will cause an outdated negative entry to reappear on the credit report.

Sat, 07/26/2008 - 01:35 Permalink

Thanks everyone.

The last activity was way before 1997 and the last payments were in early '97. My SOL is 10 yrs and it's been 11 so I am well past the SOL.

Sat, 07/26/2008 - 13:25 Permalink

That is the best thing to do. Does the OP know how to do this? I have nevedr had to do this but can't you do it when you pull up your report?

Mon, 07/28/2008 - 15:22 Permalink

Hi littlelady
Yes, if you pay off your old debt now, your SOL will rewind. Since the SOL in your state is 10 years, I think it should have automatically be removed from your credit report by now if your last payment was made in 1997. But since it has not yet been removed, you should send a dispute letter to the credit bureaus asking them to remove the listing.

Tue, 07/29/2008 - 08:59 Permalink

There are lots of examples of disputre letters that you can custom fit to your sitiation here on the forum. You could list it in the search box or if needed post it as a question and someone will lead you to some really good letters.

Tue, 07/29/2008 - 13:02 Permalink

When you attempt to dispute itmes, that the SOL have expired, doesn't the CB's just take it off, because they DO see the SOL is up? Should you ALSO send letters to the OC and the CB?

Wed, 07/30/2008 - 09:36 Permalink

I would like the answer to this question to SD. I have two that should fall off this month and wonder what the process is to get them removed if they don't fall off theirselves. I am thinking that I can dispute it as obsolete if it is still on there.

Wed, 07/30/2008 - 11:57 Permalink

sdchargers_63

I do not see what the CA would have to do with it. I would just send a dispute letter to the CRA pointing out the age of the account and the violation of FCRA § 605. (C)

Wed, 07/30/2008 - 20:06 Permalink

Is it really that simple? How long after a debt is suppose to fall off do they have to remove it. Say it is listed as Aug. 2008 when will it fall off? anytime during that month right?

Thu, 07/31/2008 - 13:55 Permalink

Normally a creditor lists a debt on the credit report after six months from the date of the first missed payment ie from the month the borrower becomes delinquent and it stays in the report for seven years from that date. In other words, a negative listing stays in your credit report for seven years and six months from the date you become delinquent.

Fri, 08/01/2008 - 09:04 Permalink

Oh, that stinks, so after seven long years they tack on the additonal six months jus tfor the hell of it.

Sat, 08/02/2008 - 07:53 Permalink

Is this why the SOl doesn't begin until a person is 180 days late? I always thought the SOL started when the debt first become delinquent (30 days). I have since been informed that it is actually after the 180 mark that the clock starts.

Mon, 08/04/2008 - 02:54 Permalink

I am almost positive that it starts 30 days after your first missed payment, I am 999999.9 percent convinced that this is the right answer.

Mon, 08/04/2008 - 02:58 Permalink

CMBV said it was 180. I am hoping you are right about the 30 days. It would help me alot. Cause if its 180 then I just slid past SOL in May. How can we find out the truly correct answer? I am under the knowledge that this varies by state (the SOL clock). Some start at 30 and other states at 180. PA doesn't list their stuff (guidelines) on the net. Actually they are the only state who doesn't. You have to go to a library and look it up. I really want this answer.

Mon, 08/04/2008 - 03:06 Permalink

It reads
Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).

So I would think it would be that day of the last activity. Where are you guys getting 30 days or 180 days? I have never heard of this.

Mon, 08/04/2008 - 20:38 Permalink

I live in PA. So,...............the SOL is 4 years instead of 7 ( what I originally thought?) Mmm.........someone correct me if I'm wrong please. I know I have items that do 'fall-off' this year. i want to dispute them, VIA e-mail. Should I send the CRA's a letter, as well?

Mon, 08/04/2008 - 21:04 Permalink

If they do not fall off then you can file the dispute, so let it go and see what happens.

Mon, 08/04/2008 - 23:18 Permalink

I don't no where I picked up the 30 to m180 days thing but I read it here several times on the forum.

Tue, 08/05/2008 - 01:11 Permalink

If SOL, in PA, is only 4 years,..then ALOT of my stuff should 'fall off' this year ( I think). That would be great for me.

Tue, 08/05/2008 - 02:05 Permalink

Hi erb
You said that the SOL starts just 30 days from the date you become delinquent. But as far as I know it is 6 months from the date of your first missed payment and the creditor can sue you anytime during the period of your SOL in your state plus the 6 months. However, in this period even if you pay a part of your debt, your SOL period will increase.

Tue, 08/05/2008 - 11:38 Permalink

See this is the delima I keep coming up with. There seems to be two very different answers to this question and as much as I searched I can not find out which one is the correct one. I keep getting the two different feedbacks.

Wed, 08/06/2008 - 02:19 Permalink
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