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Question
When a JDB purchases a debt from the OC, does this affect the DOFD and thus the Legal SOL in a "Cause of Action" State?
Any input on my question will be much appreciated! I really need some clarification on this.. Thanks
Your question is not really whether it changes the DOFD, which it does not.
Your question is whether the DOFD is stil the relevant date under your state SOL.
The FCRA, in sections 605(c) and 623(a)(5), defines the period of exclusion of any charge-off or collection as being based ONLY on the "date of commencement of delinquency that immediately preceded" the CO or collection. Both the FTC and innumerable court decisions have clarified that commencement of delinquency means the first delinquency, and that if the debt remains delinquent from that point up to any CO or collection activity (i.e., the debt is not brought back into pays as agreed or other good-standing). prior to that activity, the DOFD is then caste in stone. The reported CO or collection must then be excluded from subsequent credit reports issued by the CRA no later than 7 years plus 180 days from that date-certain DOFD.
Sale of the debt or any other action or reporting by a debt colector other than the DOFD on the OC account has NO impact upon the DOFD, period. It remains as the date of the first delinquency in any chain or delinquency that immediately preceded the CO or colllection activity.
That is about as well-establihed a fact as you will find in credit report exclusion.
However, the clear and absolute statutes governing credit report exclusion are separate from the statutes related to expiration of SOL on debt, which pertain to whether a court can issue a judgment to a creditor. There is no state unifromity in pegging expiration of SOL upon the DOFD as defined under the FCRA.
If your state SOL pegs expiration as running from their first date to bring a cause of action, then yes, the DOFD define that date.
While the definition of DOFD that applies to credit reporting just so happens to also be the same date that a creditor can first bring a cause of action in court, as it defines when the debt has beocme delinquent, and thus actionable, all state SOL statutes do not fix the DOFD as the relevant date for all time, as is done in credit report exclusion.
Certain subsequent acts taken by a consumer can reset the running of the SOL under some individual state laws. Some state SOLs, for example, provide for payments by a consumer or firm offers to pay as acts that reset the running of their state statute of limitations.
You can thus very easily have different credit report exclusion dates and expiration of SOL dates, even though the DOFD is the same.