Debt Collector running Hard Inquires after the 4yr limit plus more

[Anonymous]

Hi,

I know a debt collector can check my credit.   However, the 4 year limit has expired 3 months ago.  They are still running Hard Inquires. 

They filed a lawsuit for funds starting in 2018, served it 10/2018 and it has sat for 758 days.  last thing they did was 2/2020 to change attorney name.  How long can they hold these things open? 

 In addition, they are now calling my work (a number they never had), leaving V/M they are suing me, sending letters to my parents address in other state I have not lived at in 22 years(they have passed away and don't live there either).. what the hell can I do about this? 

Last payment on debt was Jan 2016, owner of debt reported it 8/2016.. so no matter how you look at it .. it is over 4 yrs 

thank you!

[AndySoCal]

Are you sure the inquires are hard inquiries? Usually when a creditor is monitoring credit or a collection agency the inquires are usually soft.  What is the date of the first delinquency that lead to the account becoming a collection account? (AKA date of first delinquency)

[RobertEG]

I assume that the 4 year limit you are referencing is the statute of limitations on debt for your state.

SOL references the period within which they must initiate civil proceedings if they wish to secure a court judgment on the debt.

It only limits the period within which they can file civil proceedings, and does not limit when they can take other actions such as reporting to a CRA or making credit report inquiries.

There is no limit to when they can make inquiries other than that they must still have legitimate collection authority, either by way for assignment from the owner, or their own ownership of the debt.

Inquiries for the purpose of collection of a debt are explicitly authorized under FCRA 609, and can legitimately be made as a so-called hard inquiry.  While some choose to make as a soft inquiry, it is not improper to make as a hard inquiry.

As an aside, since they apparently have already filed a civil complaint which was apparently within the SOL, there does not appear to be a running SOL for initiating civil action.  However, that is not relevant to their ability to make continued hard inquiries as long as they retain collection authority and the debt remains unpaid.

[vntrsc]

@Anonymous 

You stated:

"They filed a lawsuit for funds starting in 2018, served it 10/2018 and it has sat for 758 days.  last thing they did was 2/2020 to change attorney name.  How long can they hold these things open? "

Check your court rules of civil procedure to see if a time limit is provided or contact an attorney for an answer.   Dismissal for inactivity (lack of prosecution, failure to prosecute) varies from state to state.  

[rostrow416]

Since they filed suit about 2 years ago, I believe that there is a defense stating that they allowed too much time to go by without trying to recover the debt.  It put you at a disadvantage by them not pursuing the case during this period and not seeking a speedy resolution.  I've seen this before when the collection agency has a fairly weak case and is using the filing of a suit to intimidate you into making a deal.