Can I DV "Secure Check LLC" over a check written 5+ years ago?

[Anonymous]

Hi Everyone,

First thanks for all the beneficial posts.

I was looking over my wife's and my credit reports / scores yesterday in preparation to go house hunting.  My scores look good all mid 700's.  Her's are EQ-645, EX-666, and TU-690.

Anyhow I can see that there is a CA trying to recoop a bad check that my wife supposedly wrote.  In talking to her she tells me she settled the $8 check (plus the overdraft fee for the guy) in cash with the merchant back in Mississippi.  She is not sure on the year, but I know it was before 2002.

Per the wording of the CA, the account was opened in 2/2008 and is "seriously deliquent".  They want payment of $38. 

I'm quite frustrated at the situation to say the least, but really am unsure of what to do.  Can I DV them?  Should I go that route?  Do states' SOL have any bearing in the matter?

BTW, we live in TX.

Any insight is greatly appreciated.

[Anonymous]

I am in a similar situation.  However, I filed BK, and the check was included in the

bk.  I just sent a settlement letter, hoping to pay it and have it deleted from my cr.  Since it is such a small amount, like mine, I would suggest you do the same.  It is a small price to pay for good credit, and lower interest rates.

[Anonymous]

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TXCAT2000 wrote:

Hi Everyone,

First thanks for all the beneficial posts.

I was looking over my wife's and my credit reports / scores yesterday in preparation to go house hunting.  My scores look good all mid 700's.  Her's are EQ-645, EX-666, and TU-690.

Anyhow I can see that there is a CA trying to recoop a bad check that my wife supposedly wrote.  In talking to her she tells me she settled the $8 check (plus the overdraft fee for the guy) in cash with the merchant back in Mississippi.  She is not sure on the year, but I know it was before 2002.

Per the wording of the CA, the account was opened in 2/2008 and is "seriously deliquent".  They want payment of $38. 

I'm quite frustrated at the situation to say the least, but really am unsure of what to do.  Can I DV them?  Should I go that route?  Do states' SOL have any bearing in the matter?

BTW, we live in TX.

Any insight is greatly appreciated.

---

Texas allows you to DV at anytime.

Some states have different laws regarding the collection of bad checks that are seperate from standard SOL. However, for $38 I don't see a CA filing in court, but who knows.

If she paid for the check, she should have gotten the check back.

IMO, I would DV. It can only remain on the report for 7.5 years from DOFD. I would assume on a check, DOFD would be date written.

You might try calling the merchant and asking some information. Remind them that you came in and paid for the check, ask for the exact date on the check, etc.

Message Edited by sidewinder on 05-14-2008 09:54 PM

[Anonymous]

I had to change my screen name because I forgot my password, but I'm the OP.

Thanks for all the info everyone.  I again asked my wife if she could give me more details about this check and she said it happend around the time she was 19 yrs. old.  She's 31 now.  So its extremely old.

I'll be typing up a DV using one of the letters I've seen on here.  Will let you all know how it turns out.

Thank you!

[Anonymous]

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TXCAT2001 wrote:

I had to change my screen name because I forgot my password, but I'm the OP.

Thanks for all the info everyone.  I again asked my wife if she could give me more details about this check and she said it happend around the time she was 19 yrs. old.  She's 31 now.  So its extremely old.

I'll be typing up a DV using one of the letters I've seen on here.  Will let you all know how it turns out.

Thank you!

---

If it is 12 years old and on her report, you need to read the thread about re-aging.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=2175

[Anonymous]

  hunny

If included in BK it should show that and you should not pay.

GO to the BK thread and check......

[Anonymous]

Actually there was no bankruptcy, but my wife's credit really took some hits when she was young and in college. 

Since then I've been working diligently with her to improve her scores for both our sakes.  Since we've been married she's done a wonderful job.  I'm not sure how much progress she's made, because I didn't know her score specifics, but she's had to have come a long way.