Indiana SOL

[Anonymous]

My husband and I both have a few accounts that I believe are out of the SOL for Indiana (which I believe is 6 years).  They are all still showing up on our credit reports and being sold to CAs.  What is the best way to dispute this?  Does anyone have a sample letter they have used to dispute collections outside of the SOL?

Thanks!

[Anonymous]

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@Anonymous wrote:

My husband and I both have a few accounts that I believe are out of the SOL for Indiana (which I believe is 6 years).  They are all still showing up on our credit reports and being sold to CAs.  What is the best way to dispute this?  Does anyone have a sample letter they have used to dispute collections outside of the SOL?

Thanks!

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Perhaps you are confusing the statute of limitations with the credit reporting time period.

Basically speaking, the SOL only deals with how long someone has to sue you over a particular issue.  It does not reflect on how long derogatory information can be reported on your credit report.

The CRTP, on the other hand, is the length of time information may remain on your credit report.  Generally speaking, derogatory information may remain on your credit report for up to 7.5 years from the date the account first went delinquent.  Student loans and child support can report for a much, much longer period of time.

[BrandonSS]

I agree with O6. 

Indiana Statute of Limitations:

STATUTE OF LIMITATIONS (IN YEARS)

• Open Account: 6
• Written Contract (for payment of money before 9/1/1982): 10
• Written Contract (for payment of money after 8/31/1982): 6
• Written Contract (for other than payment of money before 9/1/1982): 20
• Written Contract (for other than payment of money after 8/31/1982): 10
• Written Contract for sale of goods: 4
• Domestic Judgment: 10 on real estate (renewable for additional 10); 20 against the person
• Foreign Judgment: 10

But they can and will report the full CRTP of 7 years and 6 months after the first DoFD. 

However, I DID have my last open collection deleted on my report by disputing it with all three bureaus and citing the Indiana Code # for SOL since it was beyond the SOL.  I took a chance since they couldnt turn around and sue once i woke it up and it came off of all three.  If you are certain its beyond the SOL, I dont see a reason why you couldnt chance it and dispute it.  They cant sue for it, well they CAN, but your defence would be beyond SOL and then be thrown from court.

[MarineVietVet]

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@BrandonSS wrote:

However, I DID have my last open collection deleted on my report by disputing it with all three bureaus and citing the Indiana Code # for SOL since it was beyond the SOL.  I took a chance since they couldnt turn around and sue once i woke it up and it came off of all three.  If you are certain its beyond the SOL, I dont see a reason why you couldnt chance it and dispute it.  They cant sue for it, well they CAN, but your defence would be beyond SOL and then be thrown from court.

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I see no basis for a dispute unless the reporting is outside the CRTP. Expiration of the SOL is not a valid reason for disputing this IMO.

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