DOFD/SOL question....

[XxRaVeNxX1]

Quick question...in the midst of attempting to dispute/GW this 'new' negative on my report since the DOFD is wrong, and they probably keep horrible records...

The original, true DOFD is about five years ago...I've been paying their attorney $100 for the past two years on a $4000+ account for the past year or so....If I stopped paying him, after my state's SOL which is six years...Would they have any recourse, maybe due to reaging since I've been paying them? I haven't been paying the original creditor, it's been to their attorney.

[Anonymous]

It depends on what state you are in.  In some paying without a written agreement will not restart the SOL, others it will.

Do you have records to prove the correct DoFD?

[XxRaVeNxX1]

Well Tennessee code  28-3-109 is so vague it's ridiculous. Doesn't the burden of proof fall on the creditor?

And does the SOL start at the DOFD or DOLA?

[DaBears]

SOL starts with the DoFD

[XxRaVeNxX1]

So, just pulled the actual account...and before I say they are illegally re-aging....

If I am paying their attorney,(like my Credit Card Statements state $XXX paid to XXX Law firm monthly and not the actual creditor), is that considered the Date of Last Payment/Activity? Or is Date of Last Activity the last date I paid the actual creditor?

[Anonymous]

Does the OC still own the account?  If not, they should not be updating the TL.  If they do own it, any payment you make to the attorney is considered a payment and should reflect on the TL.

Making payments does not reage the account.  That is only done if they changed the DoFD.  Once it is CO'd and closed the DoFD can't change.

And yes, the DOLA should change with each payment.

[XxRaVeNxX1]

Yes, they still own it...when I meant re-age I meant DOLA...because the statue of limitations to sue is based on the DOLA and not DOFD, correct?

[Anonymous]

SOL starts with the DoFD, meaning that is the last time you were late and never caught the account up before it was charged off.  But, if you make payments after the CO, yes, the DOLA will be used.

Just keep in mind that DOLA can mean more than just payments being made.  Any actiivity on the account will change the DOLA.

[XxRaVeNxX1]

Also, the account was never charged off, is that something I could use...I mean when I called many years ago to start making payments...They stated to contact XXX attorney...

[Anonymous]

Can you cut and paste or a pic of the TL?  If the account was never CO'd or sent to collections there is no DoFD.