Midland Collection question

[Anonymous]

I just received a letter from Midland collection agency for a credit card debt that is 9-10 years old. The account isn't on my credit and hasn't been for years now .I never paid on it when it went past due back then. Should I be worried that it will pop up on my credit again? I check my credit frequently so hopefully I'll see it if it does come up.  They have tried this before and nothing ever came of it. I just ignored them and kept an eye on my credit.  Are they just trying to get me to pay something to start the 7 year credit timer or the 4 year SOL all over again?  I finally got my credit on track and Midland is trying to raise accounts from the dead   The SOL in Texas is 4 years and this account is from 2007/08   I have no record of it on my credit reports.  Any advise?  I really hate Midland!!!!  I'm scared they will try and sue me and I'll missed some court date and get a default judgement on something that should be a dead account by now.. I'm really worried now.

[Anonymous]

Towards the bottom of the letter look for the following statement:

"The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, we may continue to report it to the credit reporting agencies as unpaid."

If you see that paragraph, it says it all. In your case, the 7.5 year reporting statute has apparently also expired, so the only way they can put it on your credit report is to re-age the debt, meaning report a false Status Date to the credit bureaus. If they do that they have violated both FCRA and FDCPA and you sue them immediately for it.

[Anonymous]

It does say exactly that on the bottom....nice!   I really hate them right now.  They just gave me a heart attack thinking the account could come back right when I need to get a car loan....thanks for the response and the info.

[RobertEG]

Neither expiration of SOL nor of the credit report exclusion period negates the debt itself, so they can still attempt to collect.

However, you can no longer be sued for the debt, and if they attempt reporting to a CRA, they are required to provide the DOFD.

Bringing civil action on a debt known to be outside of SOL has been held by the courts to be a violation of the FDCPA.

Regarding credit reporting, collections are barred from a consumer's credit report after 7 years plus 180 days from the DOFD, so unless they report a later DOFD, the CRA must block from any inclusion in your credit report.

If you additionally wish them to cease any further communication with you, simply send then a standard cease communication letter under FDCPA 805(c).