Dealing with a CA that monitors my CR with soft pulls

[Anonymous]

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@Anonymous wrote:

Thanks, the SOL in CA where I live is 4 years so this is way beyond that. They haven't made any hard pulls, just two soft pulls last year with a 6 month span in between.

Also, in ladydi's case, doesn't Sears sell the debt to the CA which then gets passed around? If so how come Sears came after her with a suit so many years later?

So say one day they see I'm trying to make a large purchase and slip these past debts into my CR, should I DV Pinnacle, dispute with the CRA or must I handle it in a different way?

Message Edited by jaystay on 01-08-2010 08:39 AM

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jaystay,  sears hired lvnv funding llc, and then lvnv funding hired  the attorneys of frederick j hanna & associates p.c

my paper states :  LVNV FUNDING LLC ASSIGNEE OF

                            SEARS ROEBUCK AND CO

                            REF #055675750XXX.....

i dont how the systems work, im just telling u my exprience what i just went thru.....just be carefull.....i had CA did a soft pull on my credit for DIREC-TV

I quickly call the CA and paid that as of wesenday (1/06/2010)...that was my debt back in 2001. i forget about that debt....but it is paid now...

[Anonymous]

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@MattH wrote:

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@LynetteM wrote:

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@Anonymous wrote:

Thanks, the SOL in CA where I live is 4 years so this is way beyond that. They haven't made any hard pulls, just two soft pulls last year with a 6 month span in between.

Also, in ladydi's case, doesn't Sears sell the debt to the CA which then gets passed around? If so how come Sears came after her with a suit so many years later?

So say one day they see I'm trying to make a large purchase and slip these past debts into my CR, should I DV Pinnacle, dispute with the CRA or must I handle it in a different way?

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This is a common misunderstanding about statute of limitations (SOL). They can still sue you. They can win if you don't go to court and fight it. You have to go and tell the court that they are past the statute of limitations.

Also, they can still try to collect until the cows come home.

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The legality of suing beyond SOL varies from State to State.  In some States collectors can get in big trouble for knowingly filing suit beyond SOL, in other States they can always file suit and hope to get a default judgment when the creditor fails to appear in court.  There was a big scandal last year when New York State authorities caught a process service outfit fraudulently claiming to have served notice on people who then did not come to court because they had not in fact been served, so the creditors got default judgments.  I would imagine those default judgments have been vacated after it became clear that process had not in fact been served!

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In those very few states -- of which NY is not included -- that specifically sanction filing an action barred by time, the statutes are vaguely worded and if & when sanctions are ever applied they can be virtually meaningless. 

The best course of action if sued on a debt barred by time is to either get an attorney or else appear and claim SOL.