So I have a charged of Sprint account where I supposedly owed something like 640 bucks. Last payment that was made was June, 2016 which is well past the 2-year Statute of Limitations for collecting on a cell phone account
(fun fact: found out today that Cell Phones are subject to a federal 2-year SoL for all states as opposed to whatever SOL your other debts are subject to according to NerdWallet:
Cell phone statute of limitations
All debts have a statute of limitations. These statutes are typically set by state governments, but phone bills are different. Cell phone debt has a federal statute of limitations of two years. After the statute of limitations has expired on a debt, it is considered “time-barred.”
Debt collectors might still try to collect payment on this debt, no matter how old it is. Making even one payment on a phone bill past its statute of limitations can bring it back from the dead, summoning a so-called “zombie debt.”
The statute of limitations will then be reset, and you’ll be vulnerable to a lawsuit for payment.
Sprint turned over to first debt collector in January, 2017 (approximately 6 months following DoFD). Tried PFD with that debt collector and no dice so sat on it.
That debt collector turned it over to Diversified Consultants about 10 months ago so it looks like a brand new collection even though it was turned over to DC well beyond the 2-year SOL. There is nothing on the credit report indicating when the original creditor first became delinquent and it is only showing as a relatively new collection.
Just tried calling DC to see if they would do a PFD (did not admit that the debt was mine but said "in checking my credit reports, I saw this account listed and that it might be in our mutual best interests to come to some sort of settlement such as pay for delete yada yada yada..."). He said they would list the balance as zero and I might be eligible to obtain service from Sprint again (whooooo -- dare to dream! ... yes that was sarcasm!).
Soooooooo, given that this is a time-barred debt -- EVEN if you go by NC SOL but especially since it is a cell phone and subject to a federal SOL -- is there anything I can do to at least have it reflect that that it is from a debt that is over 3 years old rather than having it report as a new collection?
Thanks in advance for any advice.
The SOL you mentioned is simply the SOL for you being sued for the debt. Any collections stay on your CR for 7 years regardless of what the SOL for litigation is. Debt collectors can report to the CRA at any time. If they want to update the collection each month, they can do that too. However, you can only have one collection for each debt on your report at any one time meaning that if collection company A sold the debt to collection company B, collection company A would have to remove the collection from your CR as they no longer own the debt. If the collection is showing up twice, then you could dispute the 'old' collection. This collection will stay on your report as an unpaid collection until you either pay it and it is updated as a paid collection, or until you get the collection agency to agree to a PFD. If you want the collection gone altogether, ask for PFD. Collection companies often do not agree the first time you ask. This can sometimes take months (nothing hardly ever happens quickly when repairing credit) and a handful of companies rarely ever agree to PFD.
Go to a Sprint store. Have them pull up your account. Pay it and have Sprint recall the debt. They are known to do this sometimes. Especially if you want to return as a customer. Hint.
SOL determines how long you can get sued for a debt. You can still get sued outside SOL, but SOL can be used as a defense.
Reporting debt to CRAs is something completely different. They are not related in any way.
If you need to know DOFD, grab a copy of free annual credit report. In most instances it's listed on there.
There is no obligation for DOFD to be included on your report, but CRA must be notified, so they would know when to remove it ( no longer than 7.5 years from DOFD).
If you do not take care of this debt, it may stay with the same collection agency entire time while updating.
Or it can get sold, and whole process starts again.
See if Sprint will recall collection, then pay them directly. Diversified Consultants will not do PFD.
If not, pay the collection agency.
Yes, the FCRA requires that a debt collector report the DOFD to the CRA. Howver, as stated by others, it is not required by statute or any reg to be specifically included in credit reports issued by the CRA.
The CRAs must have that date in order to monitor and exclude the collection from your credit report no later than the statutory max period of 7 years plus 180 days from the DOFD that is set under FCRA 605(c)..
The DOFD need not be reported on the date that the collection is initially reported, but the debt collector must obtain and report the DOFD no later than 90 days after reporting their collection. FCRA 623(a)(5). If more than 90 days has passed since the collection was reported, then there is a statutory requirement that the debt collector have also reported the DOFD.
Vendors of most commercial credit reports choose, for various business reasons, such as the assumption that most consumers dont understand legally what a DOFD is, not to include the reported DOFD in their credit reports. They usually choose to provide an expected exclusion date, which they estimate by adding 7 years to the reported DOFD.
The government sanctioned site at annualcreditreport.com is usually more comprehensive, and should provide the reported DOFD after 90 days from reporting of the collection.
As a separate issue, reporting of a new collection or an updated reporting on an existing collection does not make the debt more recent (i.e., "new"). It makes it less recent.
The debt, by definition of DOFD, has the same initial date of debt. The updated reporting does not set a more recent date of debt, it updates by formally reporting that as of the reporting date, the debt remained delinquent, and thus the period since initial delinquency has increased.
The update to show a paid status then fixes the final period of delinquency, which would not thereafter be extended even is some additional updated reporting is made.