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Best way to handle a collection account

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Anonymous
Not applicable

Best way to handle a collection account

I pulled my credit report because I am looking for a job and they now check them.  I am long time customer of AT&T with an account in good standing.  My credit report shows a collection account for AT&T from 2012.  Called AT&T and they searched every possible avenue and could not locate information to support the collection account.  What is the best way to address this?  Dispute it through the credit agency and or work it out with the collection agency.  I really can't recall if this is legit or not as 2012 was a difficult year.  It just seems strange that I have a current account that is up to date.  I don't want to start the time clock over in case it turns out to be legit and want to handle this the best way in case they do find it is owed.  As far as AT&T is concerned, they currently have no record.

 

Thanks!

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Best way to handle a collection account

It is not uncommon for an OC rep to be unable to access old records once the creditor has sold the bad debt.

The issue is what records they passed on to the new owner, which then controls their ability to verify the accuracy of the debt.

 

The simplist path is request debt validation from the debt collector, but if the DV request is not sent within 30 days of dunning notice, it does not impose a cease collection bar, and can simply be ignored.  You can still send a DV and hope that they will, if they cant validate, bail on their collection, but that is not likely.

You can file a dispute of accuracy of their reporting, providing some basis for asserting that the debt is not valid.

 

Regardless of the path, nothing "resets" the exclusion date of the collection.

Credit report exclusion of a collection is defined as a date-certain of no later than 7 years plus 180 days from the date you first became delinquent on the OC account, and thereafter remained delinquent.  Thus, you have no concern over resetting the exclusion date by sending either a DV request or a dispute under the FCRA.

Message 2 of 5
Anonymous
Not applicable

Re: Best way to handle a collection account

The exception to the DV rule is if you live in Texas. They're required by Texas state law to respond to a DV request within 30 days, regardless of when they sent the Dunning notice.

Message 3 of 5
Anonymous
Not applicable

Re: Best way to handle a collection account


@Anonymous wrote:

The exception to the DV rule is if you live in Texas. They're required by Texas state law to respond to a DV request within 30 days, regardless of when they sent the Dunning notice.


To clarify - such DV's must specifically cite the relevant Texas Financial Code, or they will be assumed to be under FDCPA.

Message 4 of 5
rmduhon
Valued Contributor

Re: Best way to handle a collection account

From my experience, even when citing the Texas Financial Code collection agencies still assume that you are citing the FDCPA. Which means that you have to take it a step further.
Message 5 of 5
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