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Am I pass SOL for this debt?

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Outdoorstech1
Frequent Contributor

Am I pass SOL for this debt?

 

I have this BOA account on my credit report. It's now August 16 2015 and the SOL for being sued for CC debt in my state is 6 years. Does the start of the 6 year mark start at the last payent made date which was 8/8/09? Or is it when the account became closed which was 12/01/2009?

 

 

BANK OF AMERICA #*****

 

Date Opened:06/19/2008

 

Responsibility:Individual Account 

Account Type:Revolving Account 

Loan Type:Credit Card

 

Balance:$0
Date Updated: 11/17/2011

Payment Received: 0

Last Payment Made: 08/08/2009

High Balance: $2,291

Original ChargeOff:$2,291

Credit Limit: $2,000

Pay Status: >Charged Off<

Terms: Paid Monthy
Date Closed: 12/01/2009    
>Maximum Delinquency of 120 days in 07/2009 and in 09/2009<

Remarks: PURCHASED BY ANOTHER LENDER; >UNPAID BALANCE CHARGED OFF< Estimated month and year that this item will be removed: 05/2016

Message 1 of 6
5 REPLIES 5
gdale6
Moderator Emeritus

Re: Am I pass SOL for this debt?

I believe we have had this discussion before on one of your accounts. The SOL typically runs from the DoFD of the account barring any other laws that may say what the date is in your state that is does run from. The posting doesnt show the DoFD so you need to find out when it actually occured.

Message 2 of 6
Outdoorstech1
Frequent Contributor

s Re: Am I pass SOL for this debt?

Thats why I am comfused. This post is from experian's site I highlighted my questions in bold in reference to my original post. 

 

"The original delinquency date is the date the account first became delinquent and was not brought current. This date is used to determine when the late payment information is deleted from your credit report. If you obtain a report directly from Experian, each account will list the “date the account is scheduled to remain on file until,” MINE SAYS 5/2016"  which is calculated using the original delinquency date as reported by the creditor. Simply subtract seven years from that date to determine the original delinquency date. OK I DID THAT AND 7 YEARS FROM 5/16 IS 5/2009"  So is my DOFD May 2009?  Why does the date on my CR show 8/8/2009 as my last payment made, wouldnt the DOFD be somewhere after the last payment made? Account was closed 12/1/2009.  Maximum Del of 120 days says 7/2009 and in 9/2009". 

 

The original delinquency date applies to the first late payment in a series. If an account were to become late today, the payments were never brought current, it was charged off as bad debt, closed and sent to collection, then the original delinquency date would be today’s date. Even if the bad debt was eventually paid, seven years from today’s date, the closed account and the subsequent collection account would be deleted. Thanks for asking."

Message 3 of 6
gdale6
Moderator Emeritus

Re: s Re: Am I pass SOL for this debt?


@Outdoorstech1 wrote:

Thats why I am comfused. This post is from experian's site I highlighted my questions in bold in reference to my original post. 

 

"The original delinquency date is the date the account first became delinquent and was not brought current. This date is used to determine when the late payment information is deleted from your credit report. If you obtain a report directly from Experian, each account will list the “date the account is scheduled to remain on file until,” MINE SAYS 5/2016"  which is calculated using the original delinquency date as reported by the creditor. Simply subtract seven years from that date to determine the original delinquency date. OK I DID THAT AND 7 YEARS FROM 5/16 IS 5/2009"  So is my DOFD May 2009?  Why does the date on my CR show 8/8/2009 as my last payment made, wouldnt the DOFD be somewhere after the last payment made? Account was closed 12/1/2009.  Maximum Del of 120 days says 7/2009 and in 9/2009". 

 

The original delinquency date applies to the first late payment in a series. If an account were to become late today, the payments were never brought current, it was charged off as bad debt, closed and sent to collection, then the original delinquency date would be today’s date. Even if the bad debt was eventually paid, seven years from today’s date, the closed account and the subsequent collection account would be deleted. Thanks for asking."


Most likely an error in reporting. The scenario you have posted is correct this month would be 30 days and the accepted DoFD. You cant really ascertain it from a payment history, you can either call the CRA to get the reported DoFD and keep records of it or contact the creditor to obtain the DoFD.

Message 4 of 6
Outdoorstech1
Frequent Contributor

Re: s Re: Am I pass SOL for this debt?

I will have to call the Creditor. I ask cause i want to be sure it is pass my states statu of limitations to sue Smiley Happy

Message 5 of 6
Anonymous
Not applicable

Re: Am I pass SOL for this debt?

You can't rely on "last payment" because it is possible that one or more payments were made after the first late, but were not enough to bring the account current.
Message 6 of 6
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