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Anonymous
Not applicable

Re: BOA


@QueenJ wrote:

I never signed an agreement it was all done by phone.  Last payment was in june which is around the time it fell off my report as well.  Im in Fl.

 

Thanks


@Anonymous wrote:

@QueenJ wrote:

The collection agency is enterprise recovery systems.  So even tho the 7 years have passed they can put it back on my credit report? argggg.  i was going to call them but wasnt sure by me calling if it would do any damage.

 

Thank you


If 7 years have passed - then its Zombie debt. Past the time limit for it to be reported. Ordinarily I would recommend the FOAD letter. BUT - the fly in the ointment here is you having made payments and then stopping those payments. That *can* establish a new SOL that you can be sued for depending on your states SOL laws. This is referred to as a "reset of the SOL", often confused with the reporting time limit, but that is unrelated.


Did you sign a repayment agreement? 12 states require a written repayment agreement (California is one that I know of) to be signed by the debtor for the reset to occur. How long ago did the payments stop and how much was owed?


 


How much of a balance remains? You need to research FL laws about SOL, perhaps a consultation with an attorney is needed to find out where you stand legally with this.

Message 21 of 22
QueenJ
Regular Contributor

Re: BOA


@Anonymous wrote:

@QueenJ wrote:

I never signed an agreement it was all done by phone.  Last payment was in june which is around the time it fell off my report as well.  Im in Fl.

 

Thanks


@Anonymous wrote:

@QueenJ wrote:

The collection agency is enterprise recovery systems.  So even tho the 7 years have passed they can put it back on my credit report? argggg.  i was going to call them but wasnt sure by me calling if it would do any damage.

 

Thank you


If 7 years have passed - then its Zombie debt. Past the time limit for it to be reported. Ordinarily I would recommend the FOAD letter. BUT - the fly in the ointment here is you having made payments and then stopping those payments. That *can* establish a new SOL that you can be sued for depending on your states SOL laws. This is referred to as a "reset of the SOL", often confused with the reporting time limit, but that is unrelated.


Did you sign a repayment agreement? 12 states require a written repayment agreement (California is one that I know of) to be signed by the debtor for the reset to occur. How long ago did the payments stop and how much was owed?


 


How much of a balance remains? You need to research FL laws about SOL, perhaps a consultation with an attorney is needed to find out where you stand legally with this.


$3200

Message 22 of 22
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