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About 3 weeks ago, I get a collection letter (is this a dunning notice?) from Convergent.. I'm assuming they are monitoring my credit report for activity, and I just had a mortgage inquiry as I'm trying to purchase a home..
The collection is allegedly for a Sprint account for $119.19.. I DV'd them via CMRRR and the respond with what appears about some account information from Sprint (printed in Sprint Account Statement format). This is where it all gets cryptic..
When I got their response to my DV, I contacted Sprint to inquire about the account, and Sprint informed me that the account was closed back in 2006 (the account was closed, but there was an outstanding balance - which went deliquent in July of 2006 - the last payment made on the account was in the amount of $200 in March 2006)..
It wasn't sent to Convergent until December 16, 2008. I have never received ANYTHING on this account from Sprint, nor from Convergent, and to date this collection does not appear on my credit report (none of the 3).
What course of action does Convergent have against me at this point... Do I have to pay them the $119.19? Are they outside of the reporting timeline? Help me out here...
Starting Score: EQ - 639, TU - 647, EXP - 656 -- 1/14/14Well what constitutes proper validation is still fairly fuzzy, but all it is designed to do is establish whether the CA has legal authority to collect on the account. In terms of whether you have to pay, that depends on the statute of limitations in your state, which is a completely separate matter from the credit reporting period, which is 7-7.5 years from the date of first delinquincy, which appears to be July 2006 in your case. You would have to google for your state's statute of limitations to determine if you have an actual legal obligation to pay the debt.
To actually answer your question, the CA could choose to report, but at this point, it would only be for a few months before the credit reporting period expired. Whether they can take legal action against you, i.e., sue you, depends on the statute of limitations in your state. Keep in mind that the statute of limitations only determines whether they can sue you. Technically, they can attempt to collect the debt into perpetuity.
I just don't want this foolishness to show up on my report in the middle of my mortgage process, though I'm certain it will..
Work fast... Work fast... LOL
Starting Score: EQ - 639, TU - 647, EXP - 656 -- 1/14/14If the account went delinquent in July 2006 that would be your DoFD. Which means it would be excluded any where from July 2013 to Jan 2014.
If you believe it is your debt you can ask the CA for a pay for not reporting.