You could try contacting the OC and ask for either your final statement or any record they have of your payment history.
Did you normally pay the OC by debit card, check, or a phone payment that drafted from your bank account? If so, you might be able to order a few months' worth of old statements from your bank to find out when you last paid them. 30 days after that date should be the DoFD.
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@Mgilbert8605 wrote:
After the OC charged off the debt, Midland bought it. I made a payment to Midland once. The DoFD would be the date of last payment that I made to the OC still or Midland (the CA)?
The DOFD of an account never changes once it reaches CO status, it is set by the OC and never a CA/JDB.
The thing to remember is that Statute of Limitations and Date of First Delinquency are completely separate, independent things - one doesn't affect the other at all.
Statute of Limitations has to do with the law, and specifies how long a creditor has to file suit against you for breach of contract. This amount of time varies from state to state (as little as 3 years and as high as 15 years in some states). It's important to know that just because the SOL has passed doesn't mean it has to come off your credit report - and just because it's off your credit report, doesn't mean you're safe from getting sued.
Date of First Delinquency is just about credit reporting, and specifies how long a Credit Reporting Agency (CRA) is allowed to keep a negative account on your report after it has been charged off (or sent to collections). The account has to be excluded from your report after 7.5 years from the date it first went delinquent and wasn't subsequently brought back into good standing.
So, to your last point - in many states, making a payment (or even an offer to pay) can revive the SOL, and restart that clock. Making a payment after an account has been sent to collections or charged-off can never affect the DOFD. However, if the account is still open, and has not been charged off or sent to collections, and you make a payment, AND that payment is enough to bring the account back into good standing, then you would no longer be delinquent and any future delinquency would become the new DOFD.
Make sense? Let me know if you have any questions.
Hey there -
First the good news: you're right, your payment to Midland had no affect at all on the DOFD with BoA. Whatever that date is, the whole account (including the collection company's account) has to be gone from your report by 7.5 years from that DOFD.
Now, the potentially-not-good news: In Florida, credit card debt has a 5 year SOL. So, look at the first month you didn't make a payment (and after which you never got it current again), and from that point on BoA has 5 years to file suit.
Unfortunately I'm not a lawyer, and I don't know whether payments to a collection agency in FL have any impact on the SOL. Maybe another poster on here knows more - and if it ever gets to a point where you're really worried about it, remember that a lot of law schools do free clinics and consultations for folks in trouble, and might be able to give you a clearer picture of where you stand.
@Mgilbert8605 wrote:
Ok so let me see if I have this correct...My original credit card account with BoA was charged off and sold to Midland. I made 1 payment with Midland but of course it didn't bring my balance to 0. My DoFD cannot be changed because the OC charged off the account HOWEVER, that 1 payment that I made to Midland could have restarted the clock on the SOL. Correct? Btw, I live in Florida (idk if that helps you in your response).
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