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Dunning letter for 7 year old debt

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erickedgar
Established Member

Dunning letter for 7 year old debt

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?

Message 1 of 15
14 REPLIES 14
DrJim
Frequent Contributor

Re: Dunning letter for 7 year old debt


@erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.



Starting Score: TU 672 EQ 654 10/20/09
Current Score: TU 775 EQ 783 EX 799 (PLUS)
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Message 2 of 15
CreditHealthy
Established Contributor

Re: Dunning letter for 7 year old debt

Tell them to KICK ROCKS!!!...LOL! Please throw the letter in the trash!

What's in my sock drawer? NFCU LOC 15,000] NFCU Cash Rewards 20,000][ Golden 1Platinum Rewards Card 6,600 Discover It 5,000,] {NFCU goRewards 17,500} Barclaycard 1250.00,]Cap one 750.00 ], Watering my garden for the next five years:-)
EQUIFAX 727 EXPERIAN 732 TRANSUNION 743 FICO} STARTING SCORE....554 July 2013
Message 3 of 15
erickedgar
Established Member

Re: Dunning letter for 7 year old debt


@DrJim wrote:

@erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.


I live in Texas and it is outside the SOL. Right now, I'm still within that 180 day time frame which has me worried. Thanks for your response!

Message 4 of 15
tomfromrictmame
Frequent Contributor

Re: Dunning letter for 7 year old debt


@erickedgar wrote:

@DrJim wrote:

@erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.


I live in Texas and it is outside the SOL. Right now, I'm still within that 180 day time frame which has me worried. Thanks for your response!


They can try to collect the debt "forever".  So neither the SOL nor the exclusion under FCRA limits their ability to collect; it's still a debt.




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Message 5 of 15
DrJim
Frequent Contributor

Re: Dunning letter for 7 year old debt

Yes they can TRY to collect.  They cannot sue if outside the SOL and they cannot report after the CRTP.  OP seemed to be confusing SOL with CRTP, that is all I was saying.  You can, however, send a cease and desist letter.



Starting Score: TU 672 EQ 654 10/20/09
Current Score: TU 775 EQ 783 EX 799 (PLUS)
AMEX Delta Platinum $35K, NFCU Visa Signature $30K, HHonors Reserve Visa $35K, WF $13.5K, IHG Rewards Club MC $25K
Message 6 of 15
Shogun
Moderator Emeritus

Re: Dunning letter for 7 year old debt

It's an old debt.  We call these zombie debts when hey pass the SOL and the CRTP.  They can still try to collect, but they can't sue you or report to your CR.  You can eiTher settitle it or send a cease and desist?

Starting Score: 504
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EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
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Message 7 of 15
Shogun
Moderator Emeritus

Re: Dunning letter for 7 year old debt

Sorry for the typos, on my ipad and I'm not very good typing on it.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 8 of 15
RobertEG
Legendary Contributor

Re: Dunning letter for 7 year old debt

Telling them to pound sand or kick rocks accomplishes nothing, as one cannot tell a creditor or debt collector to cease legitimate efforts to collect on a delinquent debt.

It suggests that the consumer no longer has obligation for the debt.  Tenuous advice.

 

They can continue legitimate efforts to collect on the debt.  One can send a cease communication letter under FDCPA 805(c), but that only bars communications witht he consumer.  It does not bar other actions, such as continued pulls of the consumer's credit report.  And if and when the consumer may decide to negotiate payment of the debt, the cease communication bar will be an impediment.

 

They are aware that a consumer may, in the future, apply for credit where the potential creditor will ask for disclosure of any unpaid, delinquent debt, and that its payment may be required as a conditon of that credit approval.  The obligation does not become a non-issue based on expiration of either SOL or credit report exclusion of their collection.

 

If it is a legitimate debt, there are substantial benfits to paying.  I would, if past SOL and credit report exclusion, attempt a settlement for less, thus getting the debt discharged at a lower cost.

 

 

 

Message 9 of 15
CreditHealthy
Established Contributor

Re: Dunning letter for 7 year old debt

RobertEG, Kick Rocks is just a figure of speech, i was not implying for the OP to tell them anything of the sort, i'm sure the OP knew what i meant. On the other hand, this sort of thing has happened to me as well, with a creditor trying to collect past the statue of limitations and i ignored the attempt and they simply just went away. it's a game that they all play, and those of us that are in this situation are all players. I'm not trying to misinform the OP by ANY MEANS or am I in any position to give legal advice,we all know on here that we do things in terms of credit at our own risk. But you on the other hand always seem to give very sound advice on everyone's situation whenever they post as if you were an expert of some sort. We are only trying to help those in need.

What's in my sock drawer? NFCU LOC 15,000] NFCU Cash Rewards 20,000][ Golden 1Platinum Rewards Card 6,600 Discover It 5,000,] {NFCU goRewards 17,500} Barclaycard 1250.00,]Cap one 750.00 ], Watering my garden for the next five years:-)
EQUIFAX 727 EXPERIAN 732 TRANSUNION 743 FICO} STARTING SCORE....554 July 2013
Message 10 of 15
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