01-24-2013 07:25 PM
i need some help. general revenue corp just added a collections acct to my EQ report for $119 on 21 Jan. They never sent a dunning letter. The DOFD was from March 2007. In 2007 I was living in a different state and hadn't been in college for 2yrs. I disputed it with the CRA but it came back verified. What are my options at this point? olds pretty pissed about this as I'm fairly certain this isn't my debt or at least is outside the SOL.
01-25-2013 04:22 AM
They were not required to have sent dunning notice prior to reporting. However, the act of reporting to a CRA has been held by the courts to trigger the requirement to send dunning notice within 5 days thereafter. So it may be in the mail.
REceipt of dunning notice will at least provide you the name of the asserted current creditor.
Not having received dunning notice makes any DV request timely, so you can send a DV and at least bar any furnther collection activity on their part until such time as they have provided the requested debt verification. Since you have questions regarding the legitimacy of the debt itself, include the request for the name and address of the original creditor in any DV you send. They are not required to provide that additional info unless specifically requested in a DV.
Being outside of SOL is not a credit reporting issue. A DOFD of 3/2007 does not require exclusion of the reported collection until after 9/2014.
If you additionally have more than a "I dont recall any such debt" and can positively state in a sworn police report that the debt was not authorized by you, you can invoke the identity theft provisions of the FCRA, which will require its immediate removal from your CR and require the creditor to provide business records pertaining to the alleged debt.