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SOL and DOLA

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Dawn
Established Contributor

SOL and DOLA

I have been trying to get a handle on my understanding of what "restarts" the SOL.  I have repeatedly run across conflicting information  ... some say it is based on the DOFD and some say that it is based on the date of last payment (scaring the bejeebers out of someone who wants to pay their debt off after it was charged off, but doesn't want to reset the clock.)  Somewhere in there the DOLA sometimes pops up which represents what type of activity??? 
 
Someone please correct me if I'm mistaken, but I thought the SOL varied from state to state.  In Texas, I understood that it was based on the DOFD (which isn't necessarily identified on the CRAs consumer disclosures that we see) and varies in other states.  And speaking of that issue ... why is it not clearly disclosed on the reports we see?  If it is mandated by law that the OC report that date to the CRAs and we can call the CRAs to obtain that date, why is it not reported on all the various reports that we have access to?
 
Am I totally lost?  Or is it necessary to identify the state when discussing SOL?  I would hate for someone to fear resetting the clock because they made a payment, when it is possible that in their state that might not be the case.

When it comes to DOLA, I know I am lost as to how to interpret the significance of this field as it is reported on the EQ CRA Report and the MyFico Reports.  I don't have any baddies on my reports, so knowing what that field is representing and whether it is accurate isn't a issue for me.  But ... I can see how it could be for others.
 
From what I have observed on my EQ (from EQ) the DOLA field represents a variety of dates.  These are the different fields that seem to coincide with the DOLA:
 
DOLA = Date Reported (Old closed acct missing Last Payment and Date Closed)
DOLA = Date Reported & Date of Last Payment (Current acct being paid and reported monthly)
DOLA = Date of Last Payment (Inactive acct ... Date Reported is a later date)
DOLA = Date Reported (Old inactive acct .. never used)
DOLA = Date Reported (Date of Last Payment is several months earlier)
 
Then there's one DOLA that doesn't match anything on the report.  I think it is the date I closed the account about 7 years ago, but the Date Closed matches the Date Opened in 1974!
 
For those who are relying on the DOLA to determine SOL ... it would scare me to think that the DOLA that I was looking at was only representing the Date Reported.  I have VERY OLD inactive accounts that are reporting monthly and the DOLA reflects that monthly date.  Are people with derogatory accounts being penalized for the DOLA reporting the Date Reported instead of the Last Payment?
 
 
Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: SOL and DOLA

DV the creditor (OC or CA)
 
(1) if they can't validate they can't report
 
(2)  You will have the payment info to get the correct date
 
DOLA "CAN" re-set if a payment is made -- but this varies by state statute and caselaw. So to get a good answer - email or call the state AG's office and ask - they will know.
Message 2 of 4
Dawn
Established Contributor

Re: SOL and DOLA



Lady_Scarlet wrote:
DV the creditor (OC or CA)
 
(1) if they can't validate they can't report
 
(2)  You will have the payment info to get the correct date
 
DOLA "CAN" re-set if a payment is made -- but this varies by state statute and caselaw. So to get a good answer - email or call the state AG's office and ask - they will know.


Oh my, Lady_Scarlet!  Thank you for wading through all that ... but for the sake of others who want to help me fix anything ... not necessary.   I have no baddies.  This is an exercise in trying to understand the issues related to the DOLA actually representing various types of dates and how they impact people who do have issues with their reports.
Message 3 of 4
Anonymous
Not applicable

Re: SOL and DOLA

SOL can also run off DOFD only IF the account was never brought current at any time after that.
 
Example - you miss Spt payment, make a payment in Oct and one in Nov and then stop paying - the DOFD was SEP but DOLA is NOV - but you were never current and that had 'cause for action' beginning in SEP - they chose not to pursue it, so it could be argued that teh statute began running in SEP not DEC.... but this also depends on caselaw which varies from state to state.
Message 4 of 4
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