No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
Hi all.
I'm wondering if my NY debt (all paid!!! Yayyy) will be re-aged when I move to California.
I am also wondering if the removal dated lesson or extend.
Thanks!!
No they should remain the same.
If the TLs are not yet excluded under the 5 year NY statute once your CA address is updated to the CRA they will become subject to the federal FCRA as far as time periods, there are some other limitations that the state of CA does differently than the FCRA but a 5 yr exclusion on paid derogs isnt one of them.
What do you mean exactly by "not yet excluded"?
The 2 COs on my report have a guesstimated DoFD of 11/13 and 4/14.
Not sure if I read right in the little research I did do, but I think California has 4year SOL...gotta read some more when I am fully awake.
@gdale6 wrote:If the TLs are not yet excluded under the 5 year NY statute once your CA address is updated to the CRA they will become subject to the federal FCRA as far as time periods, there are some other limitations that the state of CA does differently than the FCRA but a 5 yr exclusion on paid derogs isnt one of them.
Statutes of limitation on debt are two-fold.
First, there are limitaitons upon when a party can bring civil action seeking a judgment ordering you to pay a debt.
Second, there are limitations upon how long a judgment that has been obtained by a party against a consumer remans enforceable.
Netiher of those statutes of limitations would run if there is no unpaid debt.
It is stated that the debt is now paid. Thus, there is no statute of limitations in effect, period.
What was referenced regarding the NYS rule has nothing to do with statutes of limitation.
It has to do with the enfirely separate issue of the exclusion period imposed on credit reporting agencies for removing derogatory items from credit reports they issue.
The federal standard under the general FCRA is that any reported collection or charge-off must be excluded no later than 7 years plus 180 days from the DOFD on the OC account. NY has enacted their own special provision that shortens that period to 5 years if the debt has been paid.
It has nothing to do with SOL.
If you move to another state, you can no longer invoke the special credit report exclusion provisions that apply to NYS residents.
@RobertEG wrote:Statutes of limitation on debt are two-fold.
First, there are limitaitons upon when a party can bring civil action seeking a judgment ordering you to pay a debt.
Second, there are limitations upon how long a judgment that has been obtained by a party against a consumer remans enforceable.
Netiher of those statutes of limitations would run if there is no unpaid debt.
It is stated that the debt is now paid. Thus, there is no statute of limitations in effect, period.
What was referenced regarding the NYS rule has nothing to do with statutes of limitation.
It has to do with the enfirely separate issue of the exclusion period imposed on credit reporting agencies for removing derogatory items from credit reports they issue.
The federal standard under the general FCRA is that any reported collection or charge-off must be excluded no later than 7 years plus 180 days from the DOFD on the OC account. NY has enacted their own special provision that shortens that period to 5 years if the debt has been paid.
It has nothing to do with SOL.
If you move to another state, you can no longer invoke the special credit report exclusion provisions that apply to NYS residents.
Got it! Thanks a bunch!!
This is all good information. I am a new resident to California as well, but had old debt (taken care of) in Minnesota. Clean slate again after 7 years.