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Do I owe money? Or am I clear?

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Mamaoftwo
Established Member

Do I owe money? Or am I clear?

Okay, so quick question. I have a friend that I am trying to help with their credit. For months they have talked about old debts and that their score is sub par, well I finally convinced them to let me pull their report. I'm a little jealous, man had only one account reporting which was a cc for 2500 in perfect payments and all scores from 700-750 (all fico). Now the quetion is, he's had people calling him about debts he owed, and he was sure he had debts that he owed for old credit cards. He believes the last card payment while the card was active was 9 years ago. And no one is reporting to his accounts, not even collections. Does he still need to pay those so that it doesn't come back on his report? He has no problem paying it, but if the debt in invalid he would rather use the money for a downpayment on a house. Thank you for any information you can give.

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Do I owe money? Or am I clear?

Depends. If the debts are based on judgments they might still be valid. Otherwise, most likely the statute of limitations for the debts have expired (if they are 9+ years old). Statutes of limitation can vary from state to state, but very few extend to 9 years. He should ask the people contacting him for proof of the debt owed and make no verbal or written offer to pay these debts. Once the documentation is provided, others on these forums might be able to help you.

Message 2 of 8
Anonymous
Not applicable

Re: Do I owe money? Or am I clear?

Its always best to pay debts if they are legitimately yours. If a home purchase is anticipated in the future, you are required to acknowledge any unpaid debts - even if its beyond SOL and Report Time. Even if they are not on his reports a lender could potentially find out about them. Some staes have ridiculously long SOL's so if they reside in one of these states, there is that potential risk too..

Message 3 of 8
IamB2
Established Contributor

Re: Do I owe money? Or am I clear?


@Mamaoftwo wrote:

Okay, so quick question. I have a friend that I am trying to help with their credit. For months they have talked about old debts and that their score is sub par, well I finally convinced them to let me pull their report. I'm a little jealous, man had only one account reporting which was a cc for 2500 in perfect payments and all scores from 700-750 (all fico). Now the quetion is, he's had people calling him about debts he owed, and he was sure he had debts that he owed for old credit cards. He believes the last card payment while the card was active was 9 years ago. And no one is reporting to his accounts, not even collections. Does he still need to pay those so that it doesn't come back on his report? He has no problem paying it, but if the debt in invalid he would rather use the money for a downpayment on a house. Thank you for any information you can give.


Well, the debt is a debt, and it will never go away. Now, after 7.5 years of the account becoming deliquent, they are no longer allowed to report to the credit reporting agencies per FCRA Exclusionary period (with some specific exceptions such as applying for a loan of greater than $150K and a job that pays more than $70k/year - I think).

 

But again, that doesn't mean that he doesn't owe the money. From the sounds of it, it is his debt - albeit an OLD debt. As such, it is a valid debt, despite the fact that he has not paid it for the past 9 years and it is past the exclusionary period for his credit report.

 

As for his credit profile, it looks like it was dropped from his reports, and if it has truly been more than 7.5 years since the account first became delinquent and never brought back to current, it will never come back again.

 

Hope that answers your question. A

FICO® EQ 717 (3/5/15); TU08 732 (3/5/15); EX: 723 (3/5/15) - Last app 3/15/15; Inquiries: A TON!

CITI ThankYou Preferred - CL: $2,000




Starting Scores: 590s on 12/2013. Hover over card image to view details! *After Amex approvals - [I was supposed to be] Gardening!*
Message 4 of 8
Dianamarie1013
Valued Member

Re: Do I owe money? Or am I clear?

It does..thank you. He doesnt mind paying it in reality. He actually feels guilty. Im just wondering if he does pay it also will it be able to come back restarting it or will it continue to stay off? Is it safe to settle or pif?
Message 5 of 8
Anonymous
Not applicable

Re: Do I owe money? Or am I clear?

It should not come back.

 

PIF or Settling is up to him. Personally I would settle for 10%

Message 6 of 8
IamB2
Established Contributor

Re: Do I owe money? Or am I clear?


@Dianamarie1013 wrote:
It does..thank you. He doesnt mind paying it in reality. He actually feels guilty. Im just wondering if he does pay it also will it be able to come back restarting it or will it continue to stay off? Is it safe to settle or pif?

I may be a bit biased here because I am a firm believer that if you owe the debt, it should be paid in full - whatever you owed on it. However, I realize that this feeling is not shared by everyone; not to say which is better.

 

With that said, regardless of whether you pay in full or settle, it should not come back on your report any more if it has been more than 7 years and 180 days since the account first became delinquent. I say should not because stranger things have happened, in which case you would have to ask them to remove it, but legally there would be no basis for that to re-appear.

 

Good luck to you, and your friend!

FICO® EQ 717 (3/5/15); TU08 732 (3/5/15); EX: 723 (3/5/15) - Last app 3/15/15; Inquiries: A TON!

CITI ThankYou Preferred - CL: $2,000




Starting Scores: 590s on 12/2013. Hover over card image to view details! *After Amex approvals - [I was supposed to be] Gardening!*
Message 7 of 8
RobertEG
Legendary Contributor

Re: Do I owe money? Or am I clear?

The exclusion period of no later than 7 years plus 180 days for a collection or charge-off is based on one date-certain, which is the DOFD on the OC account.

Once that exclusion period has expired, no collection can be included in his credit report.

 

Normally.....   The credit report exclusion periods of FCRA 605(a) are not absolute.

Inquiries related to apps for credit or insurance having a principal amount of $150K or more are exempt from the exclusion periods, and a creditor can request a full-file credit report that includes any and all reported derogs.  See GCRA 605(b).

 

I agree that paying old debt is always best, other than money out or pocket, as disclosure can always be requested.

 

Message 8 of 8
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