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DV question please help

Moderator Emeritus

Re: DV question please help

Wonderin wrote:
What state are you in? WHEN did you incur the Household Bank debt (when did you last pay on it)?

LVNV has a report on my CRs (two of them) stating that I owe a debt (from fricking 2000) with MCI (that I paid off YEARS ago). Needless to say, the DOFD that they're reporting is not correct. They are stating that the date of DOFD is 04. So they're obviously re-aging. Be sure that they're not doing it to YOU, too.

They can only report on the date of the final delinquency with the OC, not the date that they took the account over. Let us know what state you're in, and when you went delinquent with the OC, in case that is the situation with you ... if you're out of SoL with the original debt, they cannot win against you as you'd have a "permissible defense" against the suit.

You'd still have to go to court, of course. That would be where you'd present your permissible defense of the SoL on the debt being expired. Or you could even send them a letter stating that you are out of SoL and they're SOL (and I don't mean "statute of limitations!).

The OP made a payment in May, which I am almost certain reset SOL, unless their state has a law that doesn't reset it.
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Message 11 of 12
Senior Contributor

Re: DV question please help

I saw where the OP said they were going to, but I wasn't sure if they DID. Yep, a payment, IIRC, in almost all states, resets the SoL. Smiley Sad

Of course, it's possible in the OP's state, that merely making a payment promise resets the SoL, too.

I was really hoping that the SoL had expired long ago (as in my case) and that because of it, there WAS no reseting the SoL. Smiley Sad

Message Edited by Wonderin on 06-27-2008 12:27 PM


Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 12 of 12
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