SOL/DV/PFD

[Anonymous]

Hi there, 

I have medical debts from hospitals in Colorado. The debt was sold to Collection Center, INC/ Collection Center, WY in Rawlins, WY.

My question is which state does the SOL apply? Colorado where I was living or Wyoming where the collector is?

The SOL for CO is 6 years and the SOL for WY is 8-10 years. 

One collection was posted 04/06/2011 for $3,426 (Boulder Community Health)

2nd collection was posted 09/09/2013 for $322 (Boulder Medical Center)

and a third was posted 08/29/2014 for $2,752 (Boulder community Health)

All three were sold to the same collection agency. Obviously, I hope the SOL is for CO because then the largest debt is beyond the SOL, and I will focus on the other two. However, if the SOL is for WY then I need to put together an action plan because that will not be up for another 2-4 years. 

Would you recommend sending 3 DV letters to Collection Center, INC- one for each collection?

Then start sending out PFDs?

Reaching out via phone and asking to settle for a lot less 

Any advice would be much appreciated!!

[RobertEG]

The statute of limitations that would apply to a civil action would be the statute of the state where the court resides.

A debt collector has the option under FDCPA 811(a) to bring a civil action in either the current state of residence of the consumer or in the state where the contract that created the debt was signed.  Thus, you will not know the statute that the court must apply until you know the state of jurisdiction of the court.

In most cases, the debt collector will choose to bring civil action in the current state of residence of the consumer, for several reasons.

It makes admin actions, such as service or notice, simpler, and most importantly, a judgment awarded by a court in a former state would have to become "domesticated" in your current state of residence before the prevailing plaintiff could seek a court order taking assets, such as attachment of property or funds, or garnishment of pay.

[Anonymous]

Thank you!

I moved to Minnesota 6 months ago, the SOL here is 6 years. 

What're the next steps that I should do in order to get the one debt that is beyone the SOL removed/updated on my report? Or do I just leave it as an open collection?

I'm sorry that I am so helpless, I'm very new to all of this. 

[RobertEG]

Expiration of SOL is not basis for removal of any derogs or collections.

Exclusion for a collection is based only on the reported DOFD, with exclusion being required no later than 7 years plus 180 days from the DOFD.

What is the reported DOFD for each collection?

[Anonymous]

Hello Robert, 

Thank you for your help and I apologize for the late response. 

Is the DOFD the same as "Date Assigned" on my collection report?

Collections

Boulder Community Hospital: 08/29/2014 (Transunion & Experian)

Boulder Medical Center: 09/09/2013 (Transunion & Experian)

Boulder Community Health: 04/06/2011 (Transunion & Experian)

[RobertEG]

No.

The FCRA defines the exclusion of a collection as being based only on the reported DOFD.

DOFD is the date you first became delinquent on the debt with the original creditor, and thereafter remained delinquent up to the point of referral to the debt collector for collection.  The DOFD is thus based on your delinquency history on the account with the original creditor.

Once a debt collector has reported a collection, they are required to obtain the DOFD from the creditor and report it to the CRA no later than 90 days after they report their collection.  See FCRA 623(a)(5).

The Open date for a collection is the date they receive their collection authority, either by way of assignment from the creditor, or by their purchase of the debt.  The DOFD must, by definition, precede the Open date of the collection, usually by 3-6 months.

The CRA then monitors the reported DOFD, and must discontinue inclusion of the collection no later than 7 years plus 180 days from the reported DOFD.  See FCRA 605(c).

[Anonymous]

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@Anonymous wrote:

Hello Robert, 

Thank you for your help and I apologize for the late response. 

Is the DOFD the same as "Date Assigned" on my collection report?

Collections

Boulder Community Hospital: 08/29/2014 (Transunion & Experian)

Boulder Medical Center: 09/09/2013 (Transunion & Experian)

Boulder Community Health: 04/06/2011 (Transunion & Experian)

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For medical debt, the DoFD is the date of the service, since medical services are generally due at the time of service.