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Auto CO - Settled - NY Borrowing State

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Simplyme12
Established Member

Auto CO - Settled - NY Borrowing State

Hello all!! 

 

It has been a LONG while since I came for advise. 

Question:

Are my NY debts with creditors outside of NY subject to the creditors statute?

Car repo in NY...Creditor Nissan in TX. NY is 6 years, TX is 4 years. 

 

I am wondering because the delinquent leading to repo/co was dated 1/2014. My hope is that I can request removal from Nissan and it would be granted.

 

 

Thanks!!!!

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Auto CO - Settled - NY Borrowing State

State SOL periods have nothing to do with exclusion of derogs from your credit report.

SOL pertains to the period that a creditor has to initiate civil action if they seek a judgment ordering payment of the debt.

 

Credit report exclusion periods are totally separate, and require CRAs to thereafter discontinue inclusion of the derog in credit reports they issue.  For charge-offs (and their equivalents) or collections, FCRA 604(a)(4) as modified by section 604(c) mandates that they must be excluded no later than 7 years plus 180 days from the date of first delinquency (DOFD) on the account with the creditor.

When a creditor reports a charge-off, they are required to report the DOFD to the CRA no later than 90 days after reporting their charge-off, and similarly when a debt collector reports a collection, they must report the DOFD to the CRA within 90 days after reporting their collection.

The creditor and debt collector are not thereafter involved in exclusion of the charge-off or collection from your credit report, so you dont contact them regarding exclusion.  The CRA monitors the time expired from the DOFD, and is responsible for exclusion of the charge-off or collection no later than 7 years plus 180 days from the DOFD.

 

If you are currently a resident of New York, that state has enacted additional legislation pertaining to the exclusion period for charge-offs and collections   If the debt has been paid, you can contact the CRA with proof of current NYS residency, and they must exclude based on the NYS statute after a shortened period of 5 years.  No other state has enacted shortened exclusion periods for charge-offs and collections, and thus all other states are subject only to the federal exclusion period.

Message 2 of 4
Simplyme12
Established Member

Re: Auto CO - Settled - NY Borrowing State

Thanks Robert! 

I am no longer a NY resident. I moved to CA 8 months after I settled the account. Could I still request exclusion or removal under NY?

Message 3 of 4
RobertEG
Legendary Contributor

Re: Auto CO - Settled - NY Borrowing State

No. 

The shorter exclusion period under NYS statute applies only to current residents.

Message 4 of 4
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