Established Contributor
Posts: 545
Registered: ‎02-10-2009

Who To Apply To About NY 5 Year Rule?

[ Edited ]

DH's credit is great across the board now - except for an old $35 paid collection that I could never GW off, showing on Experian only.


The opening date of this was 1/1/08 - and we live in NY, so I should be able to get it off at this point, right?


I know that Experian likes to ignore the 5 year rule in NY - so should I dispute it with them, or write to the CA citing the NY law and ask therm to remove it?


BTW, I don't have a DOFD showing - is the "date open" enough?  This is how it looks on the report:


Date Opened:
Date of Status:
Reported Since:
Last Reported Date:

1 Months 
Monthly Payment:

Credit Limit:
High Balance:
Recent Balance:
Recent Payment:



DH starting scores 02/10/09: EX - 543, EQ - 543, TU - 554
Current scores: EQ - 750, TU - 732
My starting scores 03/13/10: EX - 711 (LO pull), EQ - 692, TU 701
Current scores: EQ 736, TU - 732
Posts: 22,406
Registered: ‎01-17-2008

Re: Who To Apply To About NY 5 Year Rule?

[ Edited ]

Since the 5 years just happened, I'd give them till the end of the month and see if it is deleted.


If it's not, I'd send a copy of the NY FCRA with the part about the 5 year rule for paid collections and a letter asking for removal to the CRA.


EX doesn't use the DoFD, there should be a remark about when it will be removed.

Mega Contributor
Posts: 18,503
Registered: ‎03-19-2007

Re: Who To Apply To About NY 5 Year Rule?

[ Edited ]


The issue of CR exclusion is solely the responsibility of the CRA.  It is thus not an issue of inaccuracy of reported information, and is not addressed by way of the FCRA dispute processes.

It is an issue of CRA compliance with the NYS statute.  Send a complaint based on that statute.


Since EX uses a different interpretation of the NYS statute, continuing to base the date upon the reporting of the collection rather than the DOFD, you may anticipate a battle.

If they take that position, I would send a formal complaint to the FTC, arguing that they should be using the DOFD, as is the standard under the federal FCRA, and should be consistently applied, as is done by the other two CRAs, in interpretation of the NYS statute.

Perhaps the FTC will weigh-in.

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