Midland and Professional Collection Agencies

[Anonymous]

I have an account in Collection with both agencies, I think the DOLA is way off but disputing is not working, both due to come off mid-year or early fall. I'd like them off sooner.

They've sent various settlement offers, both are past SOL. I'm 50/50 on just hiring a Credit Attorney to force them to prove DOLA or take it off, or just contact them about PFD. The first time I spoke with them they said they won't remove it, but I'm wondering if a well-crafted PFD would work, given I've already paid $200 to each of them, which is probably 10x what they paid for it, they are out of SOL and off the CRAs soon. How to best craft that and has anyone had any luck PFD'ing with them?

[Anonymous]

DV both agencies. Past SOL - wanna make a bet they either can't or don't validate?

Now the DOFD must be reported to the CRAs within 90 days of the account being placed on your report and is set by the OC.  However the OC has leeway in setting the DOFD - they can set at charge-off or 120 days late  (usually when accounts are charged-off)-- whatever their policy is or the actual date of the deliquency leading to the CO if you never were current after that.

and this can vary with the state laws where you live/d - they may have requirements as well.

[Anonymous]

If you paid either of them ANY money, you just reset your SOL.

[Dawn]

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bamf70 wrote:
If you paid either of them ANY money, you just reset your SOL.

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If I'm not mistaken, the determination for resetting the SOL can vary by state.  Before anyone panics over payments made, they should check their state's guidelines.

[Anonymous]

That may or may not be true but your SOL goes by your DOLA I believe. A payment on a 15 year old account would make your new DOLA current.

[Dawn]

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bamf70 wrote:
That may or may not be true but your SOL goes by your DOLA I believe. A payment on a 15 year old account would make your new DOLA current.

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The following link is frequently referenced when individuals are trying to make sense out of SOL guidelines for different states.

http://www.fair-debt-collection.com/SOL-by-State.html

My understanding from the following is that in Texas (my state) the SOL is based upon the DOFD ... there are other states that do go by the DOLA.

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).