Old Collection Acct Not Reporting

[joymonica79]

So I have a medical collection that is reporting on my CRAs. I contacted the CA this morning to negotiate a PFD and they agreed. However, they informed me that I have another medical collection account with them, but IT is NOT reporting to the CRAs. She says its back from 2000-2004. She informed me that it could possibly be reported to the CRAs after today because I've been notified of it. But, from my understanding, these accts have passed the SOL and they aren't allowed to report them any longer, hence the reason they have not been reported in the past. And I'm in the Great State of Texas, so they are not allowed to send collections letters to me anyway.

Anyone have any insight on this?

Joy

[MarineVietVet]

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@joymonica79 wrote:

So I have a medical collection that is reporting on my CRAs. I contacted the CA this morning to negotiate a PFD and they agreed. However, they informed me that I have another medical collection account with them, but IT is NOT reporting to the CRAs. She says its back from 2000-2004. She informed me that it could possibly be reported to the CRAs after today because I've been notified of it. But, from my understanding, these accts have passed the SOL and they aren't allowed to report them any longer, hence the reason they have not been reported in the past. And I'm in the Great State of Texas, so they are not allowed to send collections letters to me anyway.

Anyone have any insight on this?

Joy

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I have two comments and/or questions.

First SOL has nothing to do with how long derogatory items can be reported. That is determined by the CRTP (Credit Reporting Time Period). Collections can be reported for up to 7.5 years from the DoFD (Date of First Delinquency) on the OC account that led to the collection. SOL for each state says how long a creditor can sue to try and collect a debt.

Second I'm curious about your statement: I'm in the Great State of Texas, so they are not allowed to send collections letters to me anyway. I live in Texas and have never read or heard this before. Do you have a source for this?

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[joymonica79]

In talking with the rep on the phone she said that the CA had not sent me any letters because Texas doesn't allow them to do so. Not really sure, but this info came from the collections rep.

[MarineVietVet]

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@joymonica79 wrote:

In talking with the rep on the phone she said that the CA had not sent me any letters because Texas doesn't allow them to do so. Not really sure, but this info came from the collections rep.

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That's certainly a new one for me.  

You are the first person on these forums from Texas (that I've seen) who has ever said that. Interesting.

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[RobertEG]

Actually, there are absolutely NO restriction on a creditor or debt collector regarding when they can report to a CRA.  That is totally up to them.

No state or federal statute requires or limits reporting to and CRA, other than to require what is reported must not knowingly be inaccurate.  That even includes reporting after the so-called "drop-off" dates have expired.  Additionally, expiration of SOL has absolutely nothing to do with credit reporting.

The statutory "reporting periods" under FCRA 605(a) and (c) do not pertain to reporting to a CRA.  They pertain only to what a CRA can include, from information reported to your credit file, in any credit report they issue after the so-called drop-off dates.  Such limitations are thus imposed only on the CRAs, and not on creditors and debt collectors.

[RobertEG]

An additional thought that you may wish to consider. 

When the debt collector told you of another debt that they have authority to collect, that was legally an "initial communication" with you regarding the debt.  That immediately triggered their requirement under FDCPA 809(a) to provide you written collection (dunning) notice within 5-days of that communication.  Nothing in the Tesas civil code either prevents them or reliieves them of that obligation.

The rep's statement that TX civil code prevents the sending of a collection notice is absurd.

Reagrdless of whther they have reported that other debt to a CRA, you now have the right to send them a DV letter, and thus prevent any further collection activity on their part regardin that debt until they provide validation.

They opened the door.  Shut it in their face.